Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Privacy Law

No description
by

Mary Noskova

on 6 April 2014

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Privacy Law

1) Introduction
2) Privacy Law Reform 2014
a.
What's changed
b. What's the reason for the new laws
3) Direct Marketing
4) Australian Privacy Principle 7 (
APP7)
5) Conclusion
Bibliography

Statement of position on Topic
by Mariya Noskova
Direct Marketing
Privacy Law Reform 2014
Introduction
Agenda
Australian Privacy Principle 7
– direct marketing
Australian Privacy Principle 7
– direct marketing
Conclusion
App 7.4
The use and disclosure of personal information for direct marketing is now addressed in a discrete privacy principle - APP 7
(rather than as an exception in NPP 2)

Generally, organisations
may only use
or
disclose

personal information
for direct marketing purposes where the individual has either
consented
to their personal information being used for direct marketing /or/
has a reasonable expectation
that their personal information will be used for this purpose, and conditions relating to opt-out mechanisms are met.

Where an organisation is permitted to use or disclose personal information for the purpose of direct marketing, it must always:
allow an individual to request
not to receive
direct marketing communications (also known as ‘opting out’) - APP 7.6 /and/
comply
with that request within a
reasonable period
and
free of charg
e - APP 7.7
APP 7 – direct marketing
Privacy Law
Privacy law reform 2014
:
'
These are the most significant changes to privacy laws in over 25 years'


One of the key changes is the introduction of a new privacy principle,
Australian Privacy Principle 7 (APP 7)
, which imposes
strict rules
on how businesses
use and disclose

personal information
for the purpose of direct marketing.

Privacy Law Reform 2014
Direct Marketing
The
13
Australian Privacy Principles (APPs)
replace the
National Privacy Principles (NPPs)
for organisations from 12 March 2014.
The APPs are found in the
Privacy Amendment (Enhancing Privacy Protection) Act 2012
(Cth)
The
Privacy Amendment (Enhancing Privacy Protection) Act 2012
(Privacy Amendment Act) made many significant changes to the
Privacy Act 1988 (
Privacy Act).

These changes commenced on 12 March 2014.
The
Privacy Regulation 2013
, made under the Privacy Act, also commenced on 12 March 2014.

The Privacy Amendment Act is a part of a
privacy law reform
process that began in 2004.
Privacy Law Reform 2014
What’s changed?
Key changes
While Australia's privacy framework may be undergoing reform, and while we may be witnessing revolutionary new technologies that are changing the way we think about the handling of personal information, community concern about privacy is a determined
constant
.
' … A man without privacy is a man without dignity; the fear that Big Brother is watching and listening threatens the freedom of the individual no less than the prison bars'
Sir Zelman Cowen (later a Governor General of Australia), 1969
What is the reason for the new laws?
More stringent legislation has been accelerated by a lack of discipline/ignorance globally combined with
technological change
.

As technologies supporting intrusive online practices such as data mining, data matching, phishing and spyware evolve and become more sophisticated, it is becoming increasingly difficult for law and policy-makers to ensure that online information privacy laws
remain relevant and effective
.


Stronger restrictions on
direct marketing
:
personal information
may NOT be used for direct marketing
unless
certain requirements are met (including that the individual would reasonably expect the business to use /or/ disclose the information for direct marketing purposes)
‘These are the most significant changes to privacy laws in over 25 years and affect a large section of the community. The world has changed remarkably since the late 1980s when the Privacy Act was first introduced, and so the changes were required to bring our laws up to date with contemporary information handling practices, including global data flows’

Australian Privacy Commissioner Timothy Pilgrim
Enhanced powers for the Information Commissioner and significant monetary penalties for non-compliance:
New civil penalties of up to $220,000 for individuals and $1.7 million for companies for a serious or
repeated interference
with the privacy of an individual.
Direct Marketing
Generally, direct marketing (such as telemarketing and advertising via email, SMS or post) is covered by the ‪Privacy Act 1988‬‬‬‬‬ (Privacy Act).
When organisations want to direct market their customers - they have to comply with the
Australian Privacy Principles (APPs)

Direct marketing involves communicating directly with an individual to promote goods and services.
APP 7.2
* Section 6 - Definitions
APP 7 also gives an individual the right to contact an organisation to:
request
not to receive
direct marketing communications from that organisation (APP 7.6(c))
request the organisation
not to disclose
their personal information to other organisations for the purposes of direct marketing (APP 7.6(d)), or
request the organisation to provide
its source
of the individual’s personal information (APP 7.6(e)).

The organisation must comply with these requests within a
reasonable period
and
free of charge
. They do not need to comply with requests to disclose the source of information if it is impracticable or unreasonable to do so (APP 7.7).

APP 7 is subject to the operation of other direct marketing legislation, including the
Do Not Call Register Act 2006
and the
Spam Act 2003
(APP 7.8).
Under APP 7.2, an organisation may use or disclose personal information (other than sensitive information) about an individual if:
it collected the information from the individual
the individual would reasonably expect that their personal information would be
used or disclosed for direct marketing
the organisation has provided a simple means by which the individual can request not to receive direct marketing, and
the individual has not made such a request
Privacy Act 1988
Section 6 - Interpretation
"
consent
" means:
express consent or implied consent.
"
personal information
" means:
information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
"sensitive information" means:

(a) information or an opinion about an individual's:
(i) racial or ethnic origin; or (ii) political opinions; or (iii) membership of a political association; or (iv) religious beliefs or affiliations; or (v) philosophical beliefs; or (vi) membership of a professional or trade association; or (vii) membership of a trade union; or (viii) sexual preferences or practices; or (ix) criminal record; that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information.
APP 7.4 requires an organisation to obtain the
consent
of the individual before using or disclosing
sensitive information
for the purpose of direct marketing
- Australian Privacy Commissioner Timothy Pilgrim
Full transcript