Австралия. Защита персональной информации (персональных данных) работников, в том числе тех, кто работает по договору подряда.

Home | About Us Are you complying with the 13  Australian  Privacy Principles? Wednesday, 20th August 2014, by Loran McDougall In today's Workplace Bulletin: Privacy laws: When do they apply and what happens if you breach them? Dear Reader, As an employer, you are obligated to handle personal information according to federal and State or Territory legislation in order to: protect your employees’ entitlements to privacy; and prevent privacy law breaches occurring in your workplace. Personal information is information from which you can reasonably ascertain an individual’s identity. 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. Next week, we will look at some of the APPs in more detail and explain how to make your privacy policy available to non-employees – and why it’s so important. Until then, Loran McDougall Editor Workplace Bulletin ....................................................................................Advertisement...................................................................................... If you don’t have $51,000 to throw away, read this.   If you employ staff in Australia, that’s the price you’ll pay for not meeting your minimum wage obligations. To make sure you know where you stand, click here and save your business from the risk of non-compliance. Privacy laws:  When do they apply  and what  happens if you breach them? by Charles Power Editor-in-Chief, Employment Law Practical Handbook The Privacy Act 1988 (Cth) (the Act) sets out 13 APPs, which guide organisations in dealing with personal information. The principles cover the following areas: The open and transparent management of personal information. Anonymity and pseudonymity. The collection of solicited personal information. Dealing with unsolicited personal information. Notification of the collection of personal information. Use or disclosure of personal information. Direct marketing. Cross-border disclosure of personal information. Adoption, use or disclosure of government-related identifiers. Quality of personal information. Security of personal information. Access to personal information. Correction of personal information. For more information, see the Australian Privacy Principles fact sheet. 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’: prospective employees and job applicants; independent contractors, including sole traders and consultants; persons working in your workplace who are employed by a third-party employer, e.g. employees seconded or on-hired to your workplace by a labour hire agency or a related entity; and volunteers. What happens if you breach the privacy laws? 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: applying to the courts for an injunction to restrain a person from engaging in conduct that would constitute a breach of the Act; and in relation to serious and repeated interference with privacy, seeking a civil penalty of up to $1.7 million (or $300,000 for individuals). Are you liable for breaches by your employees? 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: the breach was in engaged in within the scope of the employee’s authority given to them by your business; and you did not take reasonable precautions or exercise due diligence to avoid the breach. Regards, Charles Power Editor-in-Chief Employment Law Practical Handbook Like the Workplace Bulletin? Check out our other free bulletins: Health & Safety BulletinAll the latest tips, tools and strategies you need to help you stay on top of health and safety laws. Click here to sign up now. Smart Tax Bulletin Make sure you stay completely in the know about important tax developments before they arise. Click here to sign up now Self–Managed Super Fund Bulletin Receive all the information, ideas and tips you need to manage your own super fund. Click here to sign up now. Please whitelist the Workplace Bulletin to make sure you get every edition delivered to your inbox. The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved. Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions. Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911. Workplace Helpdesk: Paid subscribers to the Employment Law Handbook can ask our experts for advice. Syndication: To republish a Workplace Bulletin article, please email cs@portnerpress.com.au for information. Workplace Bulletin ISSN 1836-117X Portner Press Pty Ltd 96-98 Bridport Street Albert Park VIC 3206 Australia