The Privacy Commissioner releases Australian Privacy Principle guidelines today

February 21, 2014

Today the Privacy Commissioner released the APP guidelines.  It is found here.

The accompanying press release provides:

The Office of the Australian Information Commissioner (OAIC) has today released the Australian Privacy Principles (APP) guidelines.

‘March 12 will see the biggest change in privacy law in 25 years, and the APP guidelines are an essential tool for the implementation of this change,’ said Australian Information Commissioner, Professor John McMillan.

The APPs are a single set of principles that Read the rest of this entry »

Release of information about asylum seekers

February 19, 2014

The story of a data breach by the Department of Immigration by the Guardian has resulted in the Privacy Commissioner launching an investigation.  The Commissioner issued a statement providing:

The Office of the Australian Information Commissioner (OAIC) is aware of this data breach. I have spoken to the Department of Immigration and Border Protection and have been assured that the information is no longer publically available. This is a serious incident and Read the rest of this entry »

Privacy Commissioner to launch privacy guidance next week.

February 13, 2014

Itnews in Commissioner to launch privacy guidance next week reports that the Privacy Commissioner will relase its guidance on amendments to the Privacy Act.  If the draft guidelines provide any indication the focus is on the operation of the Australian Privacy Principles.

The article provides:

Having compliance on your agenda isn’t enough, says commissioner.

 Australian privacy commissioner Timothy Pilgrim said his office will release long-awaited final guidance on new privacy legislation before the end of next week, less than a month before the stricter regime takes effect.

Pilgrim said the Office of the Australian Information Commissioner (OAIC) would also Read the rest of this entry »

Privacy Commissioner issues release on upcoming changes to the Privacy Act on Data Privacy Day

January 28, 2014

Today is Data Privacy Day.  Perhaps a bit paradoxical as it comes just after a spate of spectactular data breaches in the US.  The Privacy Commissioner has issued a press release titled  Australians’ right to privacy strengthened with new privacy laws (found here) which provides:

Today is Data Privacy Day and a timely opportunity to remind Australians that new privacy laws start on 12 March 2014. The new laws will apply to Australian Government agencies, private sector businesses and not-for profit organisations covered by the Privacy Act 1988.

‘With the introduction of new privacy laws, people’s privacy rights will be enhanced and strengthened in areas such as direct marketing, the disclosure of personal information overseas and requesting access to and correction of personal information held by an organisation,’ Australian Privacy Commissioner Timothy Pilgrim said.

From 12 March 2014 new privacy laws mean that Australians can more easily:

The registered CR Code under Part IIIA of the Privacy Act 1988

January 22, 2014

The CR Code registered today will come into effect on 12 March 2014.

It Read the rest of this entry »

The Credit Reporting Code registered 22 January 2014

The Privacy Commissioner registered the Credit Reporting Code today, 22 January 2014.  The relevant OAIC page is found here. The PDF of the 47 page CR Code (with some scrambling on the first page) is found here.

Privacy Commissioner issues a reminder about the changes to the Privacy Act

January 13, 2014

In Know your privacy rights the Privacy Commissioner has posted a reminder of the upcoming changes to the Privacy Read the rest of this entry »

Mobile Apps provide a significant privacy risk in Australia and overseas. Snapchat breaches provide another example

January 6, 2014

Mobile Apps are privacy invasive time bombs.  That unfortunately go off way too often.  This issue is now on the radar of information commissioner’s around the world.  And not before time.

The Privacy Commissioner has issued a guide on Mobile apps (found here)  and a check list (found here). The Warsaw declaration at the 35th international conference of data protection and privacy commissioners on the appification of society stated:

Nowadays, mobile applications (apps) are ubiquitous. On our smart phones and tablets, in cars, in and around the house: a growing number of items have user interfaces connected to the internet. Currently, over 6 million apps are available in both the public and private sector. This number is growing by over 30.000 a day. Apps are making many parts of our day-­to-­day lives more Read the rest of this entry »

Privacy Commissioner speech at the iaapANZ summit 25 November 2013

November 26, 2013

For those interested in gauging the approach of the Privacy Commissioner to his use of soon to be newly acquired enforcement powers his Read the rest of this entry »

Privacy Commissioner releases draft guidelines on APP 12 and 13

November 19, 2013

Today the Privacy Commissioner released draft guidelines on APPs 12 and 13.  Consultations will be open until 16 December 2013 (with a special note that no extensions will be granted after that date….. A bit of a disappointment for those wanting to type away on 24 December 2013.  Bah Humbug!).  The Draft Guidelines are found here.

The Commissioner included a note to the Guidelines for APP 12 and 13, being:

Note 2: In developing Chapter 12, the OAIC has made some textual changes to the discussion of ‘unlawful’ from that in draft Chapter C (Permitted general situations). Also, in developing Chapter 13, the OAIC has made some textual changes to the discussion of ‘accurate’, ‘up-to-date’, ‘complete’ and ‘relevant’ from that outlined in draft Chapter 10 (Quality of personal information). Neither of these changes reflect a consideration of the submissions received on draft Chapter C or draft Chapter 10, which will be considered in due course.

 The guidelines to APP 12 provides, absent summary and footnotes:

What does APP 12 say?                                                   

12.1          An APP entity that holds personal information about an individual must Read the rest of this entry »