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.

Please login with linkedin to comment

Designers Diet Coke Marketing Briefs

Latest News

Verizon Media Academy Ends For 2021 With Youth Charity Pitch-Off
  • Advertising
  • Media

Verizon Media Academy Ends For 2021 With Youth Charity Pitch-Off

Verizon Media’s talent program has come to an end for the third year, closing with a hybrid pitch-off event for Musicians Making A Difference (MMAD). The Verizon Media Academy class of 2021, made up of 44 emerging leaders from across Australia and New Zealand media, advertising and marketing industry, were given just one hour to […]

Industry’s Gamers Unite For UnLtd’s Virtual Rocket League Comp
  • Advertising
  • Marketing
  • Media

Industry’s Gamers Unite For UnLtd’s Virtual Rocket League Comp

Social purpose organisation UnLtd’s Big Games competition has raised a combined $85,000 for children and young people at risk. Running over five weeks, the competition involved 32 teams from across the advertising, marketing and media industries battling it out virtually for a chance to qualify for the Rocket League final. The tournament culminated in a […]

Sam Worthington And Phoebe Tonkin To Star In New Stan Original Film ‘Transfusion’
  • Media

Sam Worthington And Phoebe Tonkin To Star In New Stan Original Film ‘Transfusion’

Stan has announced that the Stan Original Film Transfusion commenced filming in Sydney earlier this week and will premiere on Stan in 2022. Transfusion is a taut, muscular thriller starring Sam Worthington (Avatar) as Ryan Logan, a former Special Forces operative, who is battling to cope with life after the loss of his wife and is thrust […]

COVID-19 Saw Stock Imagery Return To Harmful Gender Stereotypes
  • Advertising
  • Marketing

COVID-19 Saw Stock Imagery Return To Harmful Gender Stereotypes

According to a decade of data collected by iStock, Australian brands turned to imagery depicting outdated gender stereotypes during the pandemic. Tracking the keyword ‘women’, iStock by Getty Images found that in 2020, ANZ brands and businesses reverted to gender stereotypes. Images of mothers home-schooling were used at almost twice the rate of images of […]

by B&T Magazine

B&T Magazine
Maddison Connaughton Ends Time As Editor Of The Saturday Paper
  • Media

Maddison Connaughton Ends Time As Editor Of The Saturday Paper

Schwartz Media is congratulating Maddison Connaughton on her three years as editor of The Saturday Paper. Connaughton has decided to finish up her editorship this month. “It’s been an honour to edit the paper,” Connaughton said. “The Saturday Paper is one of the brightest voices in Australian media and I have been happy to see […]

Teenage boy wearing headphones works at desk in his bedroom
  • Media

New Research Names Olivia Rodrigo And BTS The Most Popular Study Music

Research from EdBbirdie using Spotify data has identified the most popular songs to study to. After analysing thousands of studying and homework playlists on Spotify, American singer Olivia Rodrigo’s ‘drivers license’ came out as top song to study to. It featured on 48 study playlists, while other top songs included ‘Ophelia’ by The Lumineers, ‘Falling’ […]

Happy woman drinking tea and waving to someone while having video call over desktop PC in the evening at home.
  • Marketing
  • Opinion

Building A Successful Remote Marketing Team

Dayna Stewart is the Business Director – Digital Marketing, Media & Creative Services at The Nudge Group. Here, she discusses the challenges that come with building a successful marketing team when working remotely. Before COVID-19 changed the way businesses work, most marketing teams spent their days together in a meeting room collaborating on the next […]

Opinion

by B&T Magazine

B&T Magazine
Australia’s The Kid LAROI Joins Billie Eilish, Dua Lipa, Olivia Rodrigo And More In iHeartRadio Festival Line-Up
  • Media

Australia’s The Kid LAROI Joins Billie Eilish, Dua Lipa, Olivia Rodrigo And More In iHeartRadio Festival Line-Up

The line-up for the 2021 iHeartRadio Music Festival has been announced as the legendary event returns live in Las Vegas in September. This year, the epic two-day lineup for the iHeartRadio Music Festival main stage will feature performances by Billie Eilish, Cheap Trick, Coldplay, Dua Lipa, Florida Georgia Line, Journey, Khalid, Lil Baby, Maroon 5, Nelly, […]

Shop! ANZ Calls On Industry To Participate In ANZ Shopper And Retail Marketing Industry Survey
  • Marketing

Shop! ANZ Calls On Industry To Participate In ANZ Shopper And Retail Marketing Industry Survey

Shop! ANZ is calling on shopper and retail marketing professionals from all retail related disciplines to participate in the first ANZ Shopper and Retail Marketing Industry Survey in four years. This important research provides a guide of where the retail marketing industry in Australia and New Zealand has come from and what is anticipated to […]