Understanding how Australian privacy laws and spam laws affect your direct marketing is the best way to avoid legal complaints. If you make a complaint directly to the OAIC the OAIC may recommend that you try to resolve the complaint directly with the Department in the first instance. If you’re aware of errors or omissions, please let us know. This is an attempt by the Australian government to ensure that, when guided by proper due process, law enforcement and government can ask (or compel) service providers such as ourselves to give them access to data we hold on behalf of our customers. If so, you’re not alone, most people cringe at the thought. By doing so, they may be in breach of either or both of the Privacy Act and the Telecommunications (Interception and Access) Act. Direct marketing (such as telemarketing and advertising via email, SMS or post) is covered by the Privacy Act and the NPPs - read more about protection of direct marketing data. Three main rules are imposed on email marketers. In 2008, the then Attorney-General floated the possibility of providing statutory authority to employers to monitor their employees’ communications without consent. But it’s just as unreasonable to provide them with unfettered power. Telephone: 61 2 6261 1111. Make sure you are not collecting information that has no relevance to your business. The privacy and spam laws in Australia apply to different types of marketing. Don’t collect unnecessary information. There are however exceptions to this for example in the case of a health care provider, so it is worth getting some legal advice if unsure. It is completely inappropriate for corporations to have unfettered access to their employees’ email. The spam laws are not totally clear when it comes to B2B marketing and that is why we stick with what we know and do best – researching and supplying business data rather than to try and offer email delivery services or even advice on the subject especially as we sell data to over 20 countries most of whom have different laws or interpretations and implementations of those laws.. In 2000, the then Privacy Commissioner issued an utterly weak-kneed ‘guide’, which merely recommended that employers publish their policies to their employees. The Australian Law Reform Commission (ALRC) was given a reference to review Australian privacy law in 2006. The amended act sees the National Privacy Principles and Information Privacy Principles replaced with a new set of 13 Australian Privacy Principles (APPs). Train staff and engineer compliance into their systems. Overview of Privacy Law in Australia The handling of personal information in Australia is governed by legislation at both a federal and state/territory level. Those positions are utterly anti-privacy, and utterly unjustified. In essence, the laws may require organisations to: As many of Vision6 clients are small businesses it is worth noting that generally speaking most small businesses (businesses with an annual turnover of $3 million or less) are not considered APP entities. In order to establish a workable framework, and to achieve appropriate balances in the myriad of practical circumstances that arise, it is essential that consultations take place among the relevant parties, including representatives of employees, employers and investigative agencies, and privacy advocacy organisations such as APF and EFA. These rules concern: unsubscribe options. Data matching is where we compare income information collected from you with information held by the Australian Taxation Office ... including by SMS or email; provide advice about available ... We may need to share your personal information if we’re authorised or required by law to do so. Personal data includes any kind of information that relates to individuals, except for basic information such as name, occupation, date of birth, and address.“Personal data” can, however, include the use of browser cookies. Where employees over-step the mark, the employer needs the ability to take steps to control their misbehaviour. During that review it considered the definition of privacy in 2007 in its Discussion paper 72. Home — Office of the Australian Information Commissioner (OAIC) We are the independent national regulator for privacy and freedom of information. For example don’t ask for a person’s driver’s licence number if they are just purchasing a product, it’s not relevant or necessary. I agree to Vision6 collecting my information in accordance with their, download a summarised factsheet from the Office of the Australian Information Commissioner, on demand webinar, Expert Series: How to Prepare for Tighter Data Protection Regulations. At a federal level, the Privacy Act 1988 (Cth) (Privacy Act) governs the way in which business entities and federal government agencies must handle personal information, largely through the 13 Australian Privacy Principles (APPs) set out within the Privacy Act. Australia's Most Trusted SMS and Email Marketing Software, Email Marketing, Industry News, Strategy and Planning. Do you feel like you need a law degree just to make any sense of it all? It aims to strengthen protections to personal information, thereby building trust with consumers. We respect and protect the privacy of people that use business.gov.au. A majority of the anti-spam laws around the world are designed to guide the sending of commercial email marketing messages, and they apply to any sort of newsletters, marketing announcements, or promotional campaigns your business might be sending. Who do the NSW laws apply to? Companies should certainly not be conducting such investigations, but instead should be calling in suitably qualified agencies that have quick and convenient access to judicial warrants when they have the sufficient grounds to justify them. Australian privacy legislation now requires websites to post a Privacy statement if they collect ANY customer or website visitor information. See also the Electronic Frontiers Australia site, which provides background information on ‘Workplace Privacy and Surveillance’, and Model Acceptable Use Policy for Employee Use of the Internet (November 2000). If you’re looking for the laws of a State or Territory, those details are in another document. §1301 et seq. If you send marketing emails or messages to customers, you need to know about the Spam Act. See: N.S.W., Victoria, Queensland, Western Australia, South Australia, Tasmania, A.C.T., Northern Territory. The need is for a reasonable balance to be established between the two sets of interests. An Act to make provision to protect the privacy of individuals, and for related purposes. So there you have it. By doing so, they may be in breach of either or both of the Privacy Act and the Telecommunications (Interception and Access) Act. The Privacy Act. A further factor that has to be considered is that emails have both senders and recipients. The HRIP Act applies to: I didn’t use the BCC email function – have I just breached privacy laws? The amended act sees the National Privacy Principles and Information Privacy Principles replaced with a new set of 13 Australian Privacy Principles (APPs). An employer that intercepts an email is accessing personal data of another person as well as their employee’s email. In general the following rules apply: 1. Door-to-door sales are covered by the Australian Consumer Law (ACL) - read more about legal and ethical selling. This document provides access to laws of the Australian Commonwealth that are relevant to privacy, and that have application to the federal public sector, and some of the private sector nation-wide. (As the Haneef disaster has shown, investigation is not easy, and even skilled investigators can make a complete hash of it). We give guidance on how to handle your personal information and promote awareness of your privacy rights. Argentina’s Personal Data Protection Act of 2000 applies to any individual person or legal entity within the territory of Argentina that deals with personal data. 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