Privacy – 10 Mistakes That Could Cost You Dearly
The new privacy Amendment Act and its rules around how marketers can use personal data is now just over four months old, but despite the big implications associated with crossing the act awareness and understanding of the updates are low.
“Despite the best of intentions, I don’t think most people in the industry are even aware of the changes,” says Dan Monheit, director of strategy and owner of Melbourne’s Hardhat Digital.
“Legal departments are definitely where things are being felt.”
The Privacy Amendment Act came into effect from March 12 this year and introduced thirteen Australian Privacy Principles (APPs) which outline how organisations can collect, handle, process and use personal information for marketing purposes.
If you breach the Act you could be handed a fine up to a soul-crushing $1.7m.
Luckily, the Office of the Australian Information Commissioner (OAIC) made it clear that it would not be rushing to issue fines for breaches.
“Instead OAIC has indicated it wants to work with all sections of business to clarify policies in order to avoid difficulties further down the track. This is great news for all in the industry,” says Alice Manners, chief executive of the Interactive Advertising Bureau (IAB).
But that time will come to an end.
And so here is a list of 10 things you want to avoid. At all costs.
Ten privacy mishaps that will stuff you up (in no particular order)
1. Hitting $3m turnover
You might be thinking it’s time to pop open some champers but this success could bite you on your rich behind according to Hardhat Digital’s Monheit.
“If you’re a small business doing $2,999,999 in revenue a year, one extra dollar will push you over the threshold at which point all the new laws apply to how you collect and use data. Good news for your lawyer if nothing else,” he says.
Bad news however for the small businesses which are not exempt and must comply even though their turnover is less than $3m. According to the Interactive Advertising Bureau’s (IAB) chief executive Alice Manners these unlucky small businesses include health service providers, organisations trading in personal information, credit reporting bodies and organisations related to a larger body corporate.
2. Still using your old privacy policy (duh)
“Neglect to update (or create) your Privacy Policy at your own peril,” Manners warns. “Make sure it clearly explains what personal information you collect and make sure it’s always current, clear and accessible. Then ensure that you update your internal policies to reflect the changes and train your staff to support it.”
3. How did you know that?
Brands need to be 100% transparent about the information they are collecting on their consumers, why and where. “Privacy is becoming of ever greater concern to the average consumer and if we don’t gain their trust it is clear the government is prepared to make our lives difficult,” M&C Saatchi’s data strategy director, Andrew Newell, says. Brands must also give consumers control over how their information is used and how they can opt out. “When consumers understand what’s being used and why, they are less likely to be threatened by it and you are less likely to have issues,” Manners explains.
4. Partnerships with shady offshore suppliers (or your global partners)
“You’re now responsible for what they do with the data you collect,” Monheit warns. And if you are sharing personal information overseas “you must take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles,” Manners adds.
5. Being greedy…and collecting unnecessary information
“Focus only on personal information that is necessary for your business functions or activities,” says Manners. Daad Soufi, regulatory affairs director at the Association for Data-driven Marketing (ADMA), says brands need to allow consumers to engage with them either anonymously or via a pseudonym. “Where this is possible, consumers should not be compelled to disclose their personal information.” “This ensures that consumers have some control over their personal information and also ensures that organisations align their collection practices to that which is relevant to their day-to-day business.”
6. How the heck do I unsubscribe?
If your consumers are thinking this you have made a privacy boo-boo. Every communication using private data needs to carry a clear and concise option to unsubscribe. “ACMA’s spam email reporting address now makes it very easy for corporations to be reported for breaches of this.”
7. Untrained staff
“Ensuring staff are aware of the privacy changes so that they provide the correct information to consumers which also ensures the organisation is portrayed as being compliant. This helps avoid complaints,” Soufi explains.
8. Confusing opt ins and outs
A balance needs to be found between individual opt ins for a brand’s different products and one blanket opt in. “Too many different opt ins can be confusing for the consumer and hard to manage for the brand,” M&C Saatchi’s Newell says. “Having just the one opt in for everything can create a problems as an opt out from one slightly off-targeted communication or from one relating to a product no longer required needs to be applied across the board.”
9. Using out of date definitions
To comply with the new Privacy laws you obviously need to be working with the new definition of personal information. “It now includes any information or an opinion about a person if that person is ‘reasonably identifiable’ and it applies even if information is untrue or not recorded in material form,” IAB’s Manners explains.
10. The summer of 2038
“The changes pushed through in 2012 were a major update to the 1988 Privacy Act. Assuming the pace of government stays the same, get yourselves ready for a big one in another 24 years,” Hardhat Digital’s Monheit explains.
Please login with linkedin to comment
Advertising Standards Bureau Bob Garfield creative directors Designers Mad Week. Battle of the Bands Marketing Briefs QantasLatest News
Sydney Comedy Festival: Taking The City & Social Media By Storm
Sydney Comedy Festival 2024 is live and ready to rumble, showing the best of international and homegrown talent at a host of venues around town. As usual, it’s hot on the heels of its big sister, the giant that is the Melbourne International Comedy Festival, picking up some acts as they continue on their own […]
Global Marketers Descend For AANA’s RESET For Growth
The Australian Association of National Advertisers (AANA) has announced the final epic lineup of local and global marketing powerhouses for RESET for Growth 2024. Lead image: Josh Faulks, chief executive officer, AANA Back in 2000, a woman with no business experience opened her first juice bar in Adelaide. The idea was brilliantly simple: make healthy […]
Is Meta’s New AI Chatbot Too Left-Wing?
Meta's chatbot accused of being left-wing after being caught wearing a Che Guevara T-shirt & listening to Billy Bragg.
TV Ratings (23/04/2024): Why Did No One Tell Angela That Farmer Wants A Wife Is Set On A Farm?
As wonderful as this headline is, let's face it, we all know an 'Angela', don't we?
PubMatic Unveils New AI Partnership To Turn Social Posts Into Ads For Any Digital Channel
Here's some nifty tech for turning social posts into ads. Assuming said posts aren't one-star character assassinations.
Intuit Mailchimp Makes A Splash With Its First Australian Brand Campaign
Ever laugh along at a gag you didn't get so as not to appear dumb? Get ready for more feigning with this new work.
GumGum’s Rob Hall: Advertisers Can No Longer “Rely On Binary Descriptions” Of Consumers
If anyone's got their finger on adtech's pulse, it's Rob Hall. He also avoids using the good paper in the office printer
Mastercard Nabs Florencia Aimo From Marriott International
Marriott International's Florencia Aimo jumps from the hotel business to the exploitative credit card one.
Bastion Agency Appoints Cheuk Chiang As New ANZ CEO
Cheuk Chiang takes the reins over at Bastion Agency. But not the rains down in Africa.
Spotlight On Sponsors: Major Sponsorship Wins After A Disappointing Week In Sport
B&T continuing our deep dive into local sport sponsorships & that's despite not a single offer of a free ticket as yet.
Macca’s Marketing Director, Samantha McLeod On Big Mac Chant: “What Was Once Old Is Now Cool Again”
Macca's using the power of nostalgia in latest Big Mac campaign. Well, only for those who've ever eaten one sober.
World Premiere Of Midnight Oil: The Hardest Line To Open Sydney Film Festival 2024
Oil's biopic to open Sydney Film Festival. Here's hoping Molly Meldrum will take his pants down at the premiere.
Entries Are Now Open For The 2024 Brandies, IntelligenceBank’s Annual Brand Marketing Awards
The Brandies are, of course, a prestigious marketing gong and not the mystery tipple favoured by nannas everywhere.
The Fred Hollows Foundation Appoints Ardent For PR
Yes, we all like to have a joke at PR's expense. But sometimes it does important work, like this.
AI, eCommerce & Marketing Specialists Are In Increased Demand By Businesses, New Data From Fiverr Shows
Has your philosophy & anthropology degree left you with nothing but a huge HECS debt? Here's what you should've studied.
Perth’s First 3D Anamorphic Billboard Arrives Courtesy Of oOh!media
Do you love a buzzword? Now you can add anamorphic to the list as it relates to billboards, not a colleague's ears.
MasterChef Australia & Crown Resorts Launch Unique Dining Experience With ALUMNI
A pop-up restaurant staffed by MasterChef contestants! That's fine dining prices for first-year apprentice chef cuisine!
Amanda Laing Announces Resignation From Foxtel Group
Foxtel's chief commercial & content officer heads for the exits. Read nice things the bosses said about her right here.
The Lost Letters From Our Diggers: News Corp Unveils ANZAC Day Special
It's nice when brands respectfully acknowledge ANZAC Day.
Howatson+Company Acquires Akkomplice
Large indie acquires a slightly smaller indie. Much like a shark eating a tuna, just with less thrashing and blood.
Google Delays Third-Party Cookie Deprecation Again
In good news for the sale of picture library biscuit photos, Google continues to tease over the end of cookies.
Education A Low Priority For Aussies More Concerned With Cost Of Living Forethought Study Reveals
Study finds Aussies cutting back on education due to cost of living. Booze & Uber Eats sales remain largely unaffected.
“I’m Still The Same Person That I Was”: Rikki Stern Says “Fucc It” To Cancer Stereotypes
B&T always happy to promote the anti-cancer cause. Even brands that massively overdo it with the hot pink.
The Unapproved Climate Certification Allegedly Causing Mass Greenwashing
Are you left flummoxed in the canned tuna & free range eggs aisle? Just wait till this green certification gets up.
TV Ratings (22/04/2024): Fans Mock “Over The Top” Reaction To New MasterChef Judges
MasterChef returns for its 2024 season. B&T stands by putting peppercorns in Gravox & no one will be any the wiser.
Dentsu Restructure: Muddle, Harvey & Johnston Take Leadership Baton As Bass & Yurisich Exit
A large broom has swept through Dentsu's local ops this morning, taking with it some big names & the air con's cobwebs.
Industry Shares Trends Shaping The Industry This International Creators Day
B&T's asking adland creators to reveal their top trends. And it's not good news for your Jenny Kee cardigan collection.
Mable Extends HOYTS Sensory Screenings Partnership
Mable has extended its HOYTS sensory screening partnership. Vigorously defends its two-star Oppenheimer review.
Orphan Launches ‘They Need Our Help. We Need Yours’ For Children’s Cancer Institute
Anything to do with childhood cancers has B&T's 110% support. That said, we do ignore the red meat & alcohol warnings.
Smile Team Orthodontics & Keep Left Collaborate On Smile-Inducing Campaign
As parents would attest, given the cost of orthodontics you'd expect this campaign to be a lavish production indeed.
Opinion: How Video Calls Neglect Learning Diversity
Need an excuse to duck out of a video call this arvo? Show this to your boss.
DoubleVerify Achieves First-Of-Its-Kind Responsible AI Certification From TrustArc
DoubleVerify receives responsible AI certification. However, not its robotic vacuum that's been seen menacing the cat.
Smile For A Good Cause: The Social Media Campaign Giving Back To The Community
Are you known as the office Austin Powers? More for you teeth than shagability? Get snappy new fangs with this news.
Elon Musk Mocks Albo After ESafety Wins Court Injunction Against X
Albo's 2024 from hell continues - Rabbitohs in crisis, down in the polls and now feuding with world's richest man.
Real Estate Developer In Hot Water Over “Sexually Exploitative” OOH Campaign
Real estate agents again tops in the 'least trusted profession' polls, nudging used car salesmen & ad creatives.
Epsilon’s Shane Hanby: Post-Cookie Era Relies On “Teamwork” Between Brands, Marketers & Tech
This pro predicts more "teamwork" in a post-cookie era. Which spells bad news for the uncooperative or plain stubborn.