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- which personal information is being collected
- if and how cookies are used
- how the information will be used
- how the information will be protected
- the fact that data transmitted via the internet may not be secure, and that the website owner disclaims liability in this regard
- how to unsubscribe from email lists
- how to lodge a complaint
- how to contact the owner of the website or application
- if the site/application may be used by children, what information will be collected, and how parental controls work
- how to update personal information and preferences
- how third party advertisements may be used
- what information may go to third parties
Some industries have additional privacy rules. These are discussed in the "Applicable law" section below.
How to use this document
If the owner has not already organised terms and conditions for use of a website or mobile application, or terms and conditions for the sale of goods or for sale of services (if applicable), then these may also need to be purchased.
The primary legislation in relation to privacy law in Australia is the Commonwealth Privacy Act 1988. This has been amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
Other relevant laws include the Privacy Regulation 2013, and the Privacy (Credit Reporting) Code 2014. A number of industries also have additional privacy rules. For example, specific laws may impose additional privacy requirements in relation to:
- email marketing
- criminal records
- data matching
- anti-money laundering
- health records, Medicare, the pharmaceutical benefits scheme, or the eHealth system
- biometric information
- the Personal Property Securities Register
- credit reporting
- financial services
- tax file numbers
- information relating to racial or ethnic origin
- information relating to political opinions
- membership of a political association, professional or trade association or trade union
- religious beliefs or affiliations
- philosophical beliefs
- sexual orientation or practices
As of 25 May 2018, the European Union General Data Protection Regulation (GDPR) contains new data protection requirements that may apply to Australian businesses.
Australian businesses (regardless of size) may need to comply with the GDPR if they have an establishment in the EU, if they offer goods and services in the EU, or if they monitor the behaviour of individuals in the EU.
Further information about how the GDPR may affect Australian businesses is available through the Office of the Australian Information Commissioner.
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