Overview

Privacy law regulates each individual’s right to their personal space and the way in which their personal information is dealt with by companies and government agencies. The law ensures that an individual has a right to control the flow of their personal information. This kind of protection does not amount to an all-encompassing right to privacy. Privacy laws only protect certain aspects of our personal lives. In particular:

• the law works to protect the privacy of our conduct or behaviour. This includes the protection of sensitive information about our conduct or behaviour such as details of political alliances, sexual activities and matters relating to religion;

• our personal communications are also protected by privacy law. The method and content of communication is an aspect of our personal space that should be protected against unwarranted invasion;
• the law also protects our personal and client data. Information about us should remain confidential. Companies and organisations have an obligation to advise us when they are collating and using our personal data; and
• our personal experiences and vocations are also protected by privacy law. Information on what we view, read and communicate electronically should be protected from scrutiny and invasion.

In recent years there has been both increased attention and growing alarm that as consumers we are losing control of our privacy and in particular our personal information. These concerns have been shaped by the impact of the information explosion. In Australia approximately 75% of households have broadband access at home while over 90% of Australians under the age of 55 are reportedly using the internet. The consequence of this information explosion is that detailed data about what we view on the internet, how we spend our money, where we travel and other aspects of our lifestyle such as our social networks and hobbies is being routinely collected.

Businesses use a range of sophisticated data mining methods to access the vast amount of information now available. On the one hand this facilitates personalised service and greater convenience for consumers. On the other hand it fuels concerns about privacy and access to our personal data by third parties. These concerns traditionally focused on the way companies and government agencies avail themselves of our personal information but this trend is now shifting. There is a growing public expression of concern surrounding the use of personal information by computer and social networking businesses.

Australia has introduced privacy laws and regulations in response to these concerns. Privacy laws now operate at state, territory and national level. The laws attempt to reflect the community’s desire to have better protection of personal information and fairer information practices imposed on companies and other organisations. The laws regulate the way personal information is managed. For individuals these laws allow you to:

• have an awareness of how your personal information is handled;
• request access to personal information such as health information;
• request that any incorrect details are amended; and
• lodge a complaint against a company or organisation that has violated your personal information rights.

This Legal Guide on Privacy Law provides individuals with information about what to do if their privacy has been violated. It also explains the investigative and audit powers of the Office of the Australian Information Commissioner in situations where privacy principles have been breached. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.

How a Lawyer Can Help

The legal landscape regarding personal privacy in Australia is a complicated patchwork of legislation (written law) and common law (law developed by judges when adjudicating cases in court). The law may also differ between each state and territory as well as nationally. A lawyer can help you or your organisation navigate this path.

A lawyer can help you understand your rights and responsibilities when it comes to privacy law. By obtaining legal advice the rules that apply in your specific situation will be clarified for you.

Complaints about conduct by a person or an organisation that may be in direct breach of your privacy can be reported to the Information Commissioner. A lawyer can explain the powers given to the Australian Information Commissioner to investigate privacy complaints. If you wish to make a complaint about how your privacy has been affected a lawyer can explain the complaint procedures you will need to follow and outline any other legal options available to you.

If you run a business a lawyer can help you develop processes and systems that comply with Australian privacy law. For example a lawyer can advise your organisation on how to handle personal information in compliance with the newly introduced National Privacy Principles (NPPs). Failing to design your business in a way that complies with privacy law can result in breaches that are expensive to fix. Being proactive is usually more financially efficient than being reactive.

A lawyer can also help your organisation to quickly and effectively identify and deal with privacy complaints. Complaints handling is a key element of avoiding adverse enforcement actions under privacy law. Efficient handling of a privacy complaint will minimise the risk of such a complaint being forwarded to the Information Commissioner.

If a privacy complaint is made against you the Information Commissioner is likely to consider all measures taken by your organisation to comply with privacy laws. A lawyer can therefore assist your organisation to document its privacy compliance measures and to ensure that its privacy policies are implemented effectively.