Return to the home page
 
Clark McNamara Lawyers > News and Articles  
 

 
Clark McNamara Lawyers
Our People
Practice Areas
About Us
News and Articles
Useful Links
Contact Us
Privacy Policy
 26-08-2004 

Privacy in the Private Sector

Identity theft is set to become more of a problem as advances in technology allow agencies and businesses to collect - and share - more personal information. Despite this concern, the unreleased results of surveys carried out by the office of the Federal Privacy Commissioner show only around one-third of Australians know a Privacy Act even exists.

At the forefront of the counter-attack will be the desire to gain greater awareness in the community about privacy rights and a review by the Privacy Commissioner on the operation of the private sector provisions.

The Privacy Commissioner will consider the degree to which the private sector provisions meet their objects, being:
a. to establish a single comprehensive national scheme providing, through codes adopted by private sector organisations and National Privacy Principles, for the appropriate collection, holding, use, correction, disclosure and transfer of personal information by those organisations; and
b. to do so in a way that:
  • meets international concerns and Australia's international obligations relating to privacy;
  • recognises individuals' interests in protecting their privacy; and
  • recognises important human rights and social interests that compete with privacy, including the general desirability of a free flow of information (through the media and otherwise) and the right of business to achieve its objectives efficiently.
Recognising that certain aspects of the private sector provisions are currently, or have recently substantively been, the subject of separate review, the Privacy Commissioner cannot review:
  • genetic information;
  • employee records;
  • children's privacy; and
  • electoral roll information, and the related exemption for political acts and practices.

peter.mcnamara@cmlawyers.com.au


© 2008 Clark McNamara Lawyers