Privacy principles - use and disclosure


Privacy principles - use and disclosure

Privacy law will soon extend to corporate business in Australia.


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Australian Business Lawyers


Privacy law will soon extend to corporate business in Australia. From next Friday, prescribed businesses will have to have privacy procedures and policies in place. For the remaining days leading up to 21 December, WorkplaceInfo will be publishing a series of articles including outlines of the National Privacy Principles, the cornerstone of the new privacy legislation. Today's article outlines the second principle, use and disclosure of information.

National Privacy Principle 2
NPP2 provides that an organisation must only use or disclose personal information for the purpose for which the information was collected. 

In many respects, obligations as imposed by NPP2 follow closely from obligations set out in NPP1, dealing with collection.

The important point to note in respect of NPP2 is that it does not distinguish between how an organisation uses the information for internal purposes, and how it discloses externally. This means that the rules for internal use as well as external disclosure are, as far as NPP2 are concerned, the same.

Compliance with NPP2 requires that organisations identify what is the primary purpose of collection in what are the so called, secondary purposes.

Similarly, organisations must ensure that an individual has consented to both the use or disclosure of the personal information held by the organisation.

The businesses that conduct direct marketing campaigns may come within scope of exemptions set out in NB 2.1G. The exemptions deal closely with the right of the individual to choose whether they should participate in the direct marketing campaign or not.

The balance of the exemptions deal with specific circumstances where use and disclosure are appropriate, for example, for law enforcement purposes.

Organisations that are in the health industry, particularly health service providers, should be mindful of the fact that special rules apply to sensitive information.

Sensitive information is dealt with in NPP10. This will be explored by WorkplaceInfo later in the week.

For more information, visit the Office of the Federal Privacy Commissioner website to view the complete Guidelines to the National Privacy Principles

Further enquiries on this article may be addressed to: 

Further information and h
elp on privacy compliance! 

WorkplaceInfo has produced a privacy compliance toolkit. The WorkplaceInfo Privacy Toolkit CD is interactive, allowing businesses to critically assess their situation within the privacy legislative framework, understand what the law means to you and customise documentation to produce privacy procedures and policy. For more details email or call WorkplaceInfo on 1800 620 391 



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