{"id":594,"date":"2014-04-13T15:00:00","date_gmt":"2014-04-13T14:00:00","guid":{"rendered":"https:\/\/hub.findingsimple.com\/au\/effect-australian-privacy-principles-law-firms\/"},"modified":"2023-06-30T00:12:52","modified_gmt":"2023-06-29T13:12:52","slug":"effect-australian-privacy-principles-law-firms","status":"publish","type":"post","link":"https:\/\/insight.thomsonreuters.com.au\/legal\/posts\/effect-australian-privacy-principles-law-firms","title":{"rendered":"What Effect Do the Australian Privacy Principles Have for Law Firms?"},"content":{"rendered":"

It has been estimated that 90 per cent of the world\u2019s data has been generated over the last two years; illustrating the explosive growth of big data in both the public and private sectors. The Australian government, recognising the need for technology neutral protections introduced a number of changes to the Privacy Act 1988 <\/i><\/a>(Cth), via <\/i>the Privacy Amendment (Enhancing Privacy Protection) Act 2012<\/i>, that addresses how the personal information of individuals is collected, used and protected in the form of the Australian Privacy Principles (APPs).<\/p>\n

The new Privacy Principles<\/span><\/strong><\/p>\n

Although the 13 new Australian Privacy Principles mirrors the former Principles in a number of ways, perhaps the biggest change can be found within APP 11, requiring entities to take reasonable steps to protect the personal information of individuals from \u2018interference\u2019, misuse, loss, unauthorised access, modification or disclosure. The impetus for the inclusion of \u2018interference\u2019 in APP 11 is recognition that attacks on computer systems is a modern reality, and that information interference is not limited to misuse or loss.<\/p>\n

What are the Principles that are most relevant for legal practitioners?<\/span><\/strong><\/p>\n

APP 1 \u2013 open and transparent management of personal information<\/b>
\nWhen dealing with the personal information of an individual, it is essential that entities are transparent in how they are going to use that information. Additionally, it is also important that the implementation of practices, policies and procedures comply with the APPs.<\/p>\n

APP 3 \u2013 collection of solicited personal information<\/b>
\nEntities must only collect and store information that they reasonably need. Additionally, the individual must also consent to the collection of the personal information that is reasonably necessary for one, or more of the entity\u2019s functions or activities.<\/p>\n

APP 5 \u2013 notification of the collection of personal information<\/b>
\nUpon the collecting of personal information, it is essential that the entity clearly identifies who they are, and are also clear about what is to be done with the personal information collected.<\/p>\n

APP 6 \u2013 use or disclosure of personal information<\/b>
\nThe personal information of individuals cannot be used or disclosed beyond the primary purposes for which the information was collected. In the event that the personal information is used for secondary purposes, it must be related to the primary purpose.<\/p>\n

APP 7 \u2013 direct marketing <\/b>
\nPersonal information cannot be used for direct marketing except under the following circumstances:<\/p>\n