Is there a right to privacy in Australia?
Privacy is acknowledged as a fundamental human right. In Australia, the Privacy Act 1988 deals with your information privacy rights and how organisations and agencies must handle your personal information.
What is the state legislation in Australia that refers to privacy?
The Privacy Act 1988 (Privacy Act) is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector.
What are the 13 Australian privacy Principles?
Australian Privacy Principles quick reference
Principle | Title |
---|---|
APP 10 | Quality of personal information |
APP 11 | Security of personal information |
APP 12 | Access to personal information |
APP 13 | Correction of personal information |
Is the Privacy Act state or Commonwealth?
The Privacy Act is a federal law which does not cover local, state or territory government agencies, except the Norfolk Island administration.
What is considered a breach of privacy?
A privacy breach occurs when someone accesses information without permission. That data may include personally identifiable information such as your name, address, Social Security number, and credit card details.
What is the Privacy Act law?
The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure.
What is the Privacy Act 1998?
The Privacy and Personal Information Protection Act 1998 (NSW) contains a set of privacy standards called Information Protection Principles that regulate the way NSW public sector agencies handle personal information (excluding health information).
What are 3 aspects of privacy covered by the Privacy Act?
The Information Privacy Act includes a set of Territory Privacy Principles (TPPs) that cover the collection, use, disclosure, storage, access to, and correction of, personal information.
How many Australian privacy principles are present in the Australia Privacy Act?
13 Australian Privacy Principles
There are 13 Australian Privacy Principles and they govern standards, rights and obligations around: the collection, use and disclosure of personal information.
Who does the Australian Privacy Act apply to?
Australian Government agencies
The Privacy Act covers Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other organisations.
Is there a common law action for breach of privacy in Australia?
A common law action for breach of privacy in Australia? 3.52 A common law tort for invasion of privacy has not yet developed in Australia, despite the High Court leaving open the possibility of such a development in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd in 2001. [84]
Is there a tort of invasion of privacy in Australia?
A tort of invasion of privacy has been recognised by two lower court decisions: Grosse v Purvis in the District Court of Queensland [85] and Doe v Australian Broadcasting Corporation [86] in the Country Court of Victoria. Both cases were settled before appeals by the respective defendants were heard.
Is the tort recognised at common law in Australia?
3.53 Commenting on Grosse v Purvis, Heerey J in Kalaba v Commonwealth of Australia held that the weight of authority was against the proposition that the tort is recognised at common law. [87] In Chan v Sellwood; Chan v Calvert, Davies J described the position on the existence of the tort at common law as ‘a little unclear’. [88]
Is invasion of privacy ‘arguable’ at common law?
In Gee v Burger, McLaughlin AsJ considered the matter ‘arguable’. [89] 3.54 In Giller v Procopets, [90] the Supreme Court of Victoria Court of Appeal found it unnecessary to consider whether the tort of invasion of privacy exists at common law, having upheld the plaintiff’s claim on the basis of the equitable action for breach of confidence.