The Privacy Act

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The Privacy Act

It is a tort, actionable without proof of damage, for a person willfully and without claim of right, to violate the privacy of another person.

An individual’s right to privacy is a fundamental human right. This is recognised in a number of international instruments, in particular, the International Covenant on Civil and Political Rights (Article 17) and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data

The Privacy Act 1988 came into force on 1st January 1989; however New Privacy Laws were introduced on 21st December 2001

New private-sector provisions were introduced by the Privacy Amendment (Private Sector) Act 2000 to the Privacy Act 1988
The new provisions came into effect on 21 December 2001 for larger organisations (annual turnover of $3 million or more) while smaller companies (annual turnover below $3 million) would have until 21 December 2002 to comply.
The new provisions aim to give people greater control over the way information about them is handled by requiring organisations to comply with 10 National Privacy Principles (NPPs).
The 10 National Privacy Principals are:
1) Collection (An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities)
2) Use and Disclosure (An organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of collection)
3) Data Quality (An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date)
4) Data Security (An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure)
5) Openness (An organisation must set out in a document…...

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