What are the Australian Privacy Principles?
The Australian Privacy Principles are principles-based law. This gives an organisation or agency flexibility to tailor their personal information handling practices to their business models and the diverse needs of individuals. They are also technology neutral, which allows them to adapt to changing technologies.
Applicability
The Australian Privacy Principles (or APPs) are the cornerstone of the privacy protection framework in the Privacy Act 1988. They apply to any organisation or agency the Privacy Act covers.
Policy Requirements
There are 13 Australian Privacy Principles and they govern standards, rights and obligations around:
- the collection, use and disclosure of personal information
- an organisation or agency’s governance and accountability
- integrity and correction of personal information
- the rights of individuals to access their personal information.
They are, as follows:
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APP 1 - Open and transparent management of personal information
Ensures that APP entities manage personal information in an open and transparent way
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APP 2 - Anonymity and pseudonymity
Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym
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APP 3 - Collection of solicited personal information
Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of sensitive information.
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APP 4 - Dealing with unsolicited personal information
Outlines how APP entities must deal with unsolicited personal information
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APP 5 - Notification of the collection of personal information
Outlines when and in what circumstances an APP entity that collects personal information must tell an individual about certain matters
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APP 6 - Use or disclosure of personal information
Outlines the circumstances in which an APP entity may use or disclose personal information that it holds
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APP 7 - Direct marketing
An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met
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APP 8 - Cross-border disclosure of personal information
Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas
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APP 9 - Adoption, use or disclosure of government related identifiers
Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier, or use or disclose a government related identifier of an individual
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APP 10 - Quality of personal information
An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure
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APP 11 - Security of personal information
An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances
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APP 12 - Access to personal information
Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies
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APP 13 - Correction of personal information
Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals