WHAT IS PRIVACY?

Privacy is commonly defined as the right of an individual to be left alone. In an increasingly digital environment, this right is under growing pressure due to the rapid expansion of information technology, the use of biometric data, and the widespread collection and use of personal information.

Why Should I Be Concerned?

The widespread use of the internet and digital technologies has enabled vast amounts of personal information to be collected, stored and accessed. Reports of privacy breaches, data leaks and cyber incidents are increasingly common, highlighting the risks associated with the handling of personal information.

Social media platforms and online services have significantly increased the volume of personal data available, which can contribute to risks such as identity theft and unauthorised use of information.

At the same time, governments and organisations collect and maintain detailed information about individuals for a range of purposes, including service delivery, regulatory functions, law enforcement, and marketing. While this information can be used to improve services, it also requires careful management to ensure compliance with privacy obligations.

Privacy legislation exists to protect the rights of individuals and to regulate how personal information is collected, used and disclosed.

For organisations, the ability to demonstrate strong privacy practices is essential. Proper management of personal information helps maintain trust with customers and stakeholders, while reducing the risk of data breaches, regulatory penalties and reputational damage.

Individuals seeking information about their privacy rights have a number of options available, including accessing information held by government agencies. Organisations and legal professionals acting on behalf of clients can also take steps under relevant legislation to obtain or manage access to information.

How do I protect my clients’ personal information?
There is no one quick answer. You need to do several things:

1.  You need to examine the collections of personal information you hold to ensure the collection, storage, security, use, disclosure and disposal is carried out in accordance with the relevant Privacy legislation.
2.  You need to ensure you have appropriate privacy policies and guidelines in place and appropriate Privacy Notices on the forms you use to collect personal information.
3.  You need to ensure only those staff who need to, can access the personal information you hold and that records are kept as to where and when staff access customers personal information and for what reasons.
4.  You need to make sure you and your staff are aware of your responsibilities under the relevant Privacy legislation.
5.  You need to ensure you have procedures in place to deal with privacy complaints and/or requests for access by the people to whom the personal information relates.

 
Why Should I go to all this Trouble?
Because for every business it makes sound economic sense!

Many businesses these days are trying to find an edge in order to attract additional customers or retain their existing customers. People are very concerned about the security of their personal information and want to be assured that any company to which they provide such information will ensure it is protected.

You only have to do an Internet search to find examples of where people are concerned about their privacy or companies and government agencies have failed to protect personal information. The companies that take steps to protect their customers' personal information and can demonstrate that protection have a big commercial advantage over their competitors.

In addition, changes to the Commonwealth Privacy Act 1988 in March 2014 means:

• the separate Government and Private Privacy Principles have been combined (the Australian Privacy Principles);
• the Information Commissioner has new powers to seek civil penalties and conduct investigations into Government and Private organisations;
• changes to credit reporting laws affecting credit agencies;
• cross-border disclosure responsibilities;
• requirements regarding the need for Privacy Policies;
• changes affecting direct marketing; and
• revised reporting requirements related to data breaches.