Think The New Privacy Laws Don’t Affect You? Think Again

Think The New Privacy Laws Don’t Affect You? Think Again
SHARE
THIS



With fines of up to $1.7 million for each infringement, businesses need to make sure they’re compliant with the new Australian privacy laws, says Loud & Clear’s Cade Witnish.

Here are five steps to ensure you’re compliant.

It has now been almost six months since significant changes were made to the Privacy Amendment Act – changes that affect the legal obligations businesses and government agencies have with respect to the collection, use and disclosure of personal information.

The aim of these reforms is to encourage an open and transparent management of personal information. The Privacy Commissioner has been empowered with new audit and investigative powers as well as the ability to issue civil penalties of up to $1.7 million per infringement – yet so many businesses are unaware of their new obligations. So what has tangibly changed for your business?

Bringing operations into compliance can be a big job – especially for a digital business where customer information is recorded across multiple platforms, stored across the web and used for several purposes.

Here are five steps to ensure your business is compliant.

Step 1: Reviews

Businesses hit by the new laws must conduct a comprehensive review of their existing (or non-existing) privacy policies. When assessing the current policies, you need to ask:

  • What data is being collected,
  • how is it collected,
  • for what purpose is it collected,
  • how is it used, and
  • where is it stored?

You want to evaluate how customer data is currently being dealt with and then map existing processes against the new obligations.

Step 2: Privacy policies

The new laws require businesses to publish a clear, up-to-date privacy policy. At very least it must describe the following:

  • The methods of collecting and storing personal information,
  • the purpose of collecting personal information,
  • information on how to complain about a breach of the Australian Privacy Principles (APP),
  • a guide for individuals on how they can access and amend personal information, and
  • notice if the data will be shared with third parties overseas.

So it’s not just about getting a generic policy together – it’s about formulating and publishing a privacy policy tailored to your business that satisfies the new laws. I would recommend getting some advice from your lawyer at this point.

Step 3: Data collection notifications

The Amendments expand the obligations businesses’ have in notifying individuals when their personal information is collected.

Whenever a person makes an online inquiry, a purchase, or provides any personal information whatsoever, you must adhere to a strict set of notice requirements.

Before or immediately after the information has been collected, a notice must be served upon the individual. It should clearly outline:

  • Notice that the information has been collected,
  • the purpose of the collection, and
  • information about whether it will be disclosed to third parties.

You need to ask yourself: how thoroughly is my website complying with this requirement?

Step 4: Unsolicited personal information

Anyone who uses email knows that we receive information never intended for us – spam – it happens all the time.

Under these new laws, businesses are now required to destroy or de-identify any unsolicited personal information that would not have been able to legally obtain. In practice that means destroying most of this material.

To avoid hefty fines, as a business you need to devise and implement a standardised process whereby all such information is quickly and effectively destroyed.

Step 5: Staff training

The Amendments introduce a raft of new obligations and calls for businesses to take a pro-active approach to privacy. Privacy issues will become more and more important as businesses continue to grow, connect and diversify in the globalised world.

Australian businesses must adapt to the new privacy laws at an organisational level by revising privacy policies, data systems, and importantly, training each and every member of staff to manage the privacy responsibilities of the business as a whole.

So ask yourself, what steps has your business taken to ensure you meet all the new requirements?

 

Cade Witnish is managing director of Loud&Clear.

Latest News

Nine Reveals Its 2019 Line-Up, Including The Return Of SeaChange, ABBA & Lego!
  • Media

Nine Reveals Its 2019 Line-Up, Including The Return Of SeaChange, ABBA & Lego!

Nine has unveiled its 2019 line-up of shows at its gala upfronts in Sydney on Wednesday night. A mix of old and a few new, probably the biggest surprise was news that the network had snared Aussie drama SeaChange – starring Sigrid Thornton and John Howard – that was last seen on the ABC in […]

Pause Fest Hits Play On Massive 2019 Line-up & Awards
  • Media

Pause Fest Hits Play On Massive 2019 Line-up & Awards

One of the industry’s biggest events is returning in 2019 with a huge speaker line-up, incredible activations and some seriously enviable networking opportunities. That’s right, Pause Fest is back, and it’s time to hit play on your ticket buying, because this is an event you cannot afford to miss. Pause Fest is boasting talent from […]

Partner Content

by pause fest

The Works Promotes Paul Swann & Tom Harber To Managing Partners
  • Advertising

The Works Promotes Paul Swann & Tom Harber To Managing Partners

The Works has promoted Paul Swann (left in photo) and Tom Harber (right) to the newly created roles of managing partners as the agency continues to build its integrated offering with RXP Group. Swann has been a creative partner at The Works for more than six years, during which time he developed work for accounts including […]

Nine Launches 9Voyager To Attract Small To Medium Advertisers
  • Media

Nine Launches 9Voyager To Attract Small To Medium Advertisers

Nine today unveiled the next stage of plans to simplify and further automate the buying of television through its unique proprietary technology 9Galaxy and launched 9Voyager, aimed at opening the TV market to more small and medium enterprise (SME) owners. 9Voyager, released at the media company’s 9Upfront event in Sydney, will allow Nine to better […]

Nine Sets Sights On Lucrative Premium Partnership Space
  • Marketing
  • Media

Nine Sets Sights On Lucrative Premium Partnership Space

Nine has showcased its premium partnership space through the strategic client solutions division, 9Powered, at its 2019 Upfront event on Wednesday evening. In unveiling its 2019 program slate, Nine highlighted how, through its schedule it delivers marketers cross-platform opportunity to align with powerful “water cooler” content and reach mass audiences at scale, delivering real, measurable […]

The Aussie Open & NRL Headline Nine’s 2019 Year Of Sport
  • Media

The Aussie Open & NRL Headline Nine’s 2019 Year Of Sport

Nine has used its upfronts to reveal its plans for Wide World of Sports for 2019. Nine’s Director of Sport, Tom Malone, used the Nine Upfront event to talk about the acquisition of tennis and the strategic rationale and power of Nine’s cross-platform suite of properties – tennis, rugby league, cricket, netball, basketball and golf. “It has been […]

Nine Reveals Its News & Current Affairs Plans For 2019
  • Media

Nine Reveals Its News & Current Affairs Plans For 2019

Nine has used Wednesday night’s Upfronts to reveal to media and advertisers its news and current affairs plans for 2019. From 5.00am, we present Nine News Early Edition with the latest in overnight breaking news from around the world. At 5.30am Today, hosted by Karl Stefanovic and Georgie Gardner. In 2019, Australia’s longest running breakfast […]

Bold Adshel Campaign Pays Off For SA Tourism Commission
  • Media

Bold Adshel Campaign Pays Off For SA Tourism Commission

South Australian Tourism Commission (SATC) has achieved outstanding results from a daring, unbranded ‘teaser’ campaign across the Adshel network. The campaign highlighted seven little-known parts of South Australia, repositioning them as hidden, luxury tourist destinations. The ‘Tell Us Where’ campaign rolled out across digital small format out-of-home Adshel sites in Sydney, Melbourne, Brisbane and Adelaide, […]

How Nike Missed The Mark On Digital
  • Marketing
  • Opinion

How Nike Missed The Mark On Digital

Nike may be the brand held up by pretty much every marketer, but as digital marketing consultant, Tam Al-Saad (pictured below), says in this guest post, when it comes to digital, the sports behemoths still needs to just “do it”… By now you should have seen or heard of the Nike “Dream Crazy” campaign. It’s the one […]

Opinion

by B&T Magazine

B&T Magazine