Are you complying with the 13
Wednesday, 20th August 2014, by Loran McDougall
In today's Workplace Bulletin:
As an employer, you are obligated to handle personal information according to federal and State or Territory legislation in order to:
Today, Charles Power will tell you about the Australian Privacy Principles (APPs), when they apply and what happens if you or your employees breach them.
When do they apply
happens if you breach them?
by Charles PowerThe Privacy Act 1988 (Cth) (the Act) sets out 13 APPs, which guide organisations in dealing with personal information.
Editor-in-Chief, Employment Law Practical Handbook
The principles cover the following areas:
When do the APPs apply?
Generally, the privacy laws only apply to private sector organisations with an annual turnover of more than $3 million, and Commonwealth public sector agencies.
The APPs only regulate personal information collected for inclusion in a record or generally available publication. They do not apply to information ‘carried in a person’s head’.
Although privacy laws will not usually apply to personal information relating to past or present employees, they will apply when you are dealing with personal information relating to the following ‘non-employees’:
The Privacy Commissioner has the power to investigate possible interferences with privacy, either on its own initiative or following a complaint by the individual concerned.
When an individual makes a complaint, the Commissioner will generally attempt to resolve the complaint by conciliation between the parties.
The Commissioner also has a range of enforcement powers and other remedies available, including:
Privacy breaches committed by your employees while performing their employment duties are taken to be an act done or practice engaged in by your organisation.
You may be liable for an employee breach if:
Employment Law Practical Handbook
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