The Privacy Amendment (Enhancing Privacy Protection) Act 2012 - New Australian Requirements - Implications for the Direct Selling Sector

Executive Summary

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012. This introduces a new statutory regime with mandatory privacy principles with which all relevant businesses must comply. These principles, know as the Australian Privacy Principles (or APPs), combine and replace the National Privacy Principles and the Information Privacy Principles contained in the Privacy Act 1988 (Cth).

The new APPs apply to all direct selling organisations with a minimum annual turnover of $3 million which must, by 12 March 2014:

1. have a privacy policy tailored to meet the requirements of the APPs;
2. not use or disclose any information they may hold about an individual for direct marketing, subject to specific exceptions;