Connect with Us

Empowering You. Creating Choices. Successful Outcomes.

Insights

Are you aware of your new obligations under the Privacy Act?

Australian businesses are subject to stringent obligations of compliance under the Privacy Act 1988 (Cth) (‘the Act’). From 23 February of this year, all Australian businesses have a statutory obligation to report any data breach involving personal information to the Australian Information Commissioner (“the Commissioner”). It is important to know your obligations under the Act and to have a clear plan of action in the event of a privacy breach.

If your business has a turnover of more than $3 million dollars, it will be subject to the obligations and requirements under the Act. Amongst other things, the Act prescribes that the business must collect and store private information in specified ways. If your business does not comply, it may be investigated by the Commissioner and ultimately it could face civil penalties of up to $360,000 for an individual and $1,800,000 for a company.

Schedule one of the Privacy Act outlines how an organisation must handle use and manage personal information. This includes thirteen Australian Privacy Principles, which include principles about:

  • Having open and transparent methods for managing personal information including having a set privacy policy;
  • Providing an individual with the option of transacting anonymously or by using a pseudonym;
  • The collection of solicited personal information including giving client’s notice about the collection of that information;
  • How the organisation can use the client’s personal information and full disclosure of that use to the client;
  • Keeping the client’s personal information secure, and the rights of the client to access and correct their personal information.

We recommend that your business adopts and regularly reviews it’s privacy policy and any other written policies and procedures setting out how your business collects, stores, uses and protects personal information, in accordance with the Act and the Privacy Principles. These policies should be accessible on your website and provided upon request.

Burke & Associates Lawyers can assist you with further advice on these matters. Please contact Meghan Warren to discuss further.

Contacts

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (Hons) GRAD DIP. L.P., GAICD.
Since 2014, she has been an owner and Principal of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does for...

Rosy Roberts

Principal

Rosy Roberts

Principal
LL.B (Hons) B.A GAICD
Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Anthony Burke

Consultant

Anthony Burke

Consultant
B.A LL.B DIP.FIN. MGT
Tony is an LIV accredited business law specialist and a VCAT appointed Administrator. In 2008 he was President of the Law Institute of Victoria and served for two years as a director of the Law...

Stewart Davis

Associate

Stewart Davis

Associate
LL.B (Hons) B.Com
As well as property law, Stewart has had exposure to VCAT administration matters and commercial law, particularly servicing developer clients.

George Hanger

Associate

George Hanger

Associate
LL.B BA
George was admitted to legal practice in May 2015 after completing a Bachelor of Arts at the University of Melbourne and a Bachelor of Laws at Monash University.

Request Burke & Associates Lawyers' News