{"id":11550,"date":"2023-04-04T00:24:18","date_gmt":"2023-04-04T00:24:18","guid":{"rendered":"https:\/\/contentsecurity.com.au\/?p=11550"},"modified":"2023-04-04T00:31:56","modified_gmt":"2023-04-04T00:31:56","slug":"how-recent-changes-to-the-privacy-act-affect-your-business","status":"publish","type":"post","link":"https:\/\/contentsecurity.com.au\/how-recent-changes-to-the-privacy-act-affect-your-business\/","title":{"rendered":"How recent changes to the Privacy Act affect your business"},"content":{"rendered":"\t\t
The federal Privacy Act 1988<\/strong> was recently amended for the eleventh time, and it\u2019s crucial you check to see if your business complies with the legislation.<\/p> Here\u2019s your guide to what the latest changes mean.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t The Privacy Act 1988<\/strong> (Privacy Act for short) aims to promote and protect the privacy of individuals. It also regulates how Australian Government agencies handle personal information, and the regulations are stricter for sensitive personal information rather than other types of personal information.<\/p> Organisations, including businesses with a $3-million-plus annual turnover, are within the act\u2019s ambit. However, other organisational types<\/strong><\/span><\/a>, which turn over less<\/em> than $3 million a year, are also included in the Act.<\/p> Then, the Privacy Act<\/strong> also covers particular acts and practices of other small businesses. Specifically, they relate to anti-money laundering, counter-terrorism financing, residential tenancy databases and conducting a protected action ballot.<\/p> You\u2019ll need to comply if your business is exposed to any of those categories above during its activities. Seek legal advice if you\u2019re unsure.<\/p> Even if you don\u2019t think the act applies to your business, it\u2019s still good practice to follow the privacy provisions and the work of the agency that enforces it \u2013 the Office of the Australian Information Commissioner (OAIC).<\/strong><\/span><\/a><\/p> Be sure to keep updated on the Privacy Act<\/strong>; it\u2019s already been amended 11 times<\/a><\/strong><\/span> in the past three years, and, says The Guardian<\/a><\/span>, <\/em>further reforms are on the cards.<\/em> They\u2019re likely to mimic European-style privacy reforms<\/span><\/a>. And The Australian Financial Review<\/a><\/strong><\/span> reported in January 2022 that the federal government plans to reduce from 90% the number of Australian businesses exempt from privacy obligations.\u00a0<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Here\u2019s a list of the key changes:<\/p> For more detail, check the legal wording of the latest version of the Privacy Act<\/strong><\/span><\/a>. For the amendments, this official parliamentary website<\/strong><\/span><\/a> gives an insight into the legislation\u2019s passage through the Australian Parliament before it was gazetted on 12 December 2022. It\u2019s called the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022<\/em>.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Businesses are encouraged to review and bolster their process and systems to make sure they comply with the act and related laws. As well as auditing your processes, another way to manage privacy breaches that occur in your business due to cyber attacks is insurance.<\/p> Expect the data security gaps between levels of government \u2013 such as in Victoria<\/strong><\/span><\/a>, NSW<\/strong><\/span><\/a> and local government \u2013 to be bridged. You can get an inkling of the inconsistencies from OAIC<\/strong><\/span><\/a>.<\/p> The previous federal government issued a whole-of-economy vision for data \u2013 the Australian Data Strategy<\/strong><\/span><\/a>. Next came a discussion paper for a National Data Security Action Plan<\/strong><\/span><\/a>, released in December 2021. It set out issues in the data security landscape that need harmonising. The Department of Home Affairs received 81 submissions about it by mid-2022, and it\u2019s still consulting with industry and governments. Check this official<\/a> webpage<\/a><\/strong><\/span> for updates because those loopholes are on the agenda to be closed.<\/p> The onus is on businesses to improve the way they manage privacy risks. The bottom line is that privacy risks can no longer<\/em> be seen as just a risk of doing business.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\tWhat is the Privacy Act, and does it apply to you?<\/strong><\/h3>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
The recent changes<\/strong><\/h3>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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What your business needs to do<\/strong><\/h3>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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