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info sheet 08 : collecting information – changes to the privacy act

I realise I promised to look at Internet copyright in this month’s sheet, however I believe it is far more timely to discuss the Privacy Policy issue for now. Does your business collect information from people (as nearly all do)? Then read on...

If your business has an annual turnover of $3 million or more, the new Privacy Act affects you from 21 December 2001.

The changes to the legislation mean that if you collect information after this date, you will need to take reasonable steps to ensure whomever

you collect information from knows:

  • Who is collecting the information,
  • how the information will be used, stored and disclosed,
  • to whom similar kinds of information are usually disclosed,
  • that they are able to gain access to the information they have provided.

You will also need to:

  • Make your "Privacy Policy" public,
  • take reasonable steps to protect your records from misuse, unauthorised access, modification or disclosure (e.g. adequate security measures on this type of information accessible through your website),
  • allow a person to correct their personal information held in your records if that information is not accurate or complete.

If your business has a turnover less than $3 million a year, all these rules will still apply- only they will be implemented 12 months later on December 21, 2002.

If unsure, it is important you speak to your solicitor first to clarify your obligations under these new rules. Sue at Smartype can then help incorporate this into your website and marketing materials. Contact Sue on (07) 3367 0611 or email sue@smartype.com.au for more information.

Next month... Internet copyright (unless something else of crucial importance comes up!)