Privacy Act 1988

SCHEDULE 1 - AUSTRALIAN PRIVACY PRINCIPLES  

Note: See section 14 .

Overview of the Australian Privacy Principles

PART 1 - CONSIDERATION OF PERSONAL INFORMATION PRIVACY  

1   Australian Privacy Principle 1 - open and transparent management of personal information  

1.1    
The object of this principle is to ensure that APP entities manage personal information in an open and transparent way.

Compliance with the Australian Privacy Principles etc.

1.2    
An APP entity must take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to the entity ' s functions or activities that:

(a) will ensure that the entity complies with the Australian Privacy Principles and a registered APP code (if any) that binds the entity; and

(b) will enable the entity to deal with inquiries or complaints from individuals about the entity ' s compliance with the Australian Privacy Principles or such a code.

APP Privacy policy

1.3    
An APP entity must have a clearly expressed and up-to-date policy (the APP privacy policy ) about the management of personal information by the entity.

1.4    
Without limiting subclause 1.3, the APP privacy policy of the APP entity must contain the following information:

(a) the kinds of personal information that the entity collects and holds;

(b) how the entity collects and holds personal information;

(c) the purposes for which the entity collects, holds, uses and discloses personal information;

(d) how an individual may access personal information about the individual that is held by the entity and seek the correction of such information;

(e) how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;

(f) whether the entity is likely to disclose personal information to overseas recipients;

(g) if the entity is likely to disclose personal information to overseas recipients - the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.

Availability of APP privacy policy etc.

1.5    
An APP entity must take such steps as are reasonable in the circumstances to make its APP privacy policy available:

(a) free of charge; and

(b) in such form as is appropriate.

Note:

An APP entity will usually make its APP privacy policy available on the entity ' s website.

1.6    
If a person or body requests a copy of the APP privacy policy of an APP entity in a particular form, the entity must take such steps as are reasonable in the circumstances to give the person or body a copy in that form.