Footnotes
Chapter 1 - Introduction
[1]
Journals of the Senate, 24 June 2010, p. 3762.
[2]
Senate Legal and Constitutional Affairs References Committee, The
real Big Brother: Inquiry into the Privacy Act 1988, June 2005; Office of
the Privacy Commissioner, Getting in on the Act: The Review of the Private
Sector Provisions of the Privacy Act 1988, March 2005; Australian Law
Reform Commission, For Your Information: Australian Privacy Law and Practice,
May 2008, ALRC 108.
Chapter 2 - Background
[1]
Senate Legal and Constitutional Affairs References Committee, The
real Big Brother: Inquiry into the Privacy Act 1988, June 2005; Australian
Law Reform Commission, For Your Information: Australian Privacy Law and
Practice, ALRC 108, 2008.
[2]
The Hon Lionel Bowen MP, Attorney-General, House of Representatives
Hansard, 1 November 1988, p. 2117.
[3]
ACT Government agencies became bound by the Privacy Act through the
passing of the Australian Capital Territory Government Service
(Consequential Provisions) Act 1994.
[4]
The Hon Daryl Williams AM QC, MP, Attorney-General, House of
Representatives Hansard, 12 April 2000, p. 15749.
[5]
Senate Legal and Constitutional Affairs References Committee, The
real Big Brother: Inquiry into the Privacy Act 1988, June 2005.
[6]
Office of the Privacy Commissioner, Getting in on the Act: The Review
of the Private Sector Provisions of the Privacy Act 1988, March 2005.
[7]
The Hon Philip Ruddock MP, Attorney-General, Media Release,
'Australian Law Reform Commission to Review Privacy Act', 31 January 2006.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 107–08.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 108–09.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 108–09.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 638.
[13]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform Commission
Report 108, For Your Information: Australian Privacy Law and Practice, October
2009, p. 6.
[14]
Australian Government, Enhancing National Privacy Protection, p. 9.
Chapter 3 - General Issues
[1]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 11.
[2]
Professor Rosalind Croucher, President, Australian Law Reform
Commission, Committee Hansard, 25 November 2010, p. 5; see also
Office of the Privacy Commissioner, Submission 39, p. 13.
[3]
Australian Institute of Credit Management, Submission 8, p. 1.
[4]
NAID-Australasia, Submission 6, p. 1.
[5]
Office of the Privacy Commissioner, Submission 39, p. 14.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, Recommendation 18–1, p. 653.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 240–41.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 643.
[9]
Professor Rosalind Croucher, President, Australian Law Reform
Commission, Committee Hansard, 25 November 2010, p. 9.
[10]
Australian Government, Enhancing National Privacy Protection, p.
37.
[11]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 9.
[12]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 2.
[13]
Office of the Privacy Commissioner, Submission 39, p. 5.
[14]
Office of the Privacy Commissioner, Submission 39, p. 15.
[15]
Office of the Privacy
Commissioner, Submission 39, p. 15.
[16]
Australian Finance Conference, Submission 12, p. 8.
[17]
Office of the Privacy Commissioner, Submission 39, p. 13.
[18]
Office of the Victorian Privacy Commissioner, Submission 5,
pp 1–2; Law Council of Australia, Submission 31, p. 4;
Microsoft, Submission 14, p. 7; Qantas Airways Limited, Submission 38,
p. 2; Public Interest Advocacy Centre, Submission 32,
p. 2; Office of the Privacy Commissioner, Submission 39,
p. 16.
[19]
Office of the Victorian Privacy Commissioner (Privacy Victoria), Submission 5,
p. 12; see also Qantas Airways Limited, Submission 38, p. 2.
[20]
Public Interest Advocacy Centre, Submission 32, p. 2.
[21]
Qantas Airways Limited, Submission 38, p. 2.
[22]
Law Council of Australia, Submission 31, p. 4; see also
Office of the Privacy Commissioner, Submission 39, p. 14.
[23]
Law Council of Australia, Supplementary Submission 31a,
p. 2.
[24]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[25]
Privacy Law Consulting, Submission 24, p. 4.
[26]
Office of the Privacy Commissioner, Submission 39,
pp 16–17.
[27]
Office of the Privacy Commissioner, Submission 39, pp 6,
and 16–17.
[28]
Office of the Privacy Commissioner, Submission 39, p. 28.
[29]
Office of the Privacy Commissioner, Submission 39, p. 30.
[30]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 7.
[31]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 2; Office of the Privacy Commissioner, Submission 39, p.
12; Professor Graham Greenleaf and Mr Nigel Waters, Submission 25,
p. 5; Microsoft, Submission 14, p. 7.
[32]
Australian Law Reform Commission, Submission 1, p. 1.
[33]
Privacy NSW, Submission 29, p. 6.
[34]
Qantas Airways Limited, Submission 38, p. 2; Office of
the Privacy Commissioner, Submission 39, pp 6 and 22–23; Law
Institute of Victoria, Submission 36, p. 3; Law Council of
Australia, Submission 31, p. 4.
[35]
Professor Graham Greenleaf and Mr Nigel Waters, Submission 25,
p. 5.
[36]
Ms Joan Sheedy, Assistant Secretary, Department of the Prime Minister and
Cabinet, Committee Hansard, 25 November 2010, p. 11.
[37]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 8.
[38]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 8.
[39]
Australian Law Reform Commission, Submission 1, p. 1.
[40]
Australian Institute of Credit Management, Submission 8, p. 2;
Australian Direct Marketing Association, Submission 27, p. 2;
Microsoft, Submission 14, p. 7; The Communications Council, Submission
23, p. 5.
[41]
Australian Direct Marketing Association, Submission 27, p. 2.
[42]
Office of the Victorian Privacy Commissioner, Submission 5,
pp 2–3.
[43]
Ms Joan Sheedy, Assistant Secretary, Department of the Prime Minister and
Cabinet, Committee Hansard, 25 November 2010, p. 13.
[44]
Australian Government, Enhancing National Privacy Protection, p.
10.
[45]
Office of the Privacy Commissioner, Submission 39, p. 17.
[46]
Office of the Privacy Commissioner, Submission 39, pp 18–19.
[47]
Office of the Privacy Commissioner, Submission 39,
pp 19–20.
[48]
Office of the Privacy Commissioner, Submission 39, p. 21.
[49]
Office of the Privacy Commissioner, Submission 39,
pp 20–22.
[50]
Office of the Privacy Commissioner, Submission 39, p. 22.
[51]
Ms Phillipa Lynch, First Assistant Secretary, Department of the Prime
Minister and Cabinet, Committee Hansard, 25 November 2010, p. 12; see
also Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 16.
[52]
Ms Phillipa Lynch, First Assistant Secretary, Department of the Prime
Minister and Cabinet, Committee Hansard, 25 November 2010, p. 12.
[53]
Office of the Privacy Commissioner, Submission 39, p. 23.
[54]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 5.
[55]
Law Council of Australia, Submission 31, pp 4–5.
[56]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 16.
[57]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 309.
[58]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 309.
[59]
Australian Government, Enhancing National Privacy Protection, p.
24.
[60]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 21.
[61]
Australian Privacy Principles Exposure Draft, p. 31.
[62]
Law Council of Australia, Submission 31, pp 7–8.
[63]
Australian Direct Marketing Association, Submission 27¸
p. 8; see also Microsoft, Submission 14, pp 7–8.
[64]
Australian Association of National Advertisers, Submission 21,
p. 6; Microsoft, Submission 14, pp 7–8; Communications
Council, Submission 23, p. 6.
[65]
Microsoft, Submission 14, p. 8; Australian Hotels Association,
Submission 22, p. 3; The Communications Council, Submission 23,
p. 6.
[66]
Google Australia Pty Limited, Submission 16, p. 8; Law
Institute of Victoria, Submission 36, p. 3.
[67]
Yahoo!7, Submission 20, p. 3.
[68]
Law Institute of Victoria, Submission 36, p. 3.
[69]
Privacy NSW, Submission 29, p. 2.
[70]
Privacy NSW, Submission 29, p. 3.
[71]
Professor Graham Greenleaf and Mr Nigel Waters, Submission 25,
p. 3.
[72]
Yahoo!7, Submission 20, p. 3.
[73]
Australian Association of National Advertisers, Submission 21,
p. 6; Yahoo!7, Submission 20, p. 5; Google Australia Pty
Limited, Submission 16, p. 8; Microsoft, Submission 14,
pp 7–8; Communications Council, Submission 23, p. 6.
[74]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 2.
[75]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, pp 2–3.
[76]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 20.
[77]
Qantas Airways Limited, Submission 38, p. 4.
[78]
Macquarie Telecom, Submission 43, Attachment 1, pp 5–7.
[79]
Google, Submission 16, p. 7.
[80]
Qantas Airways Limited, Submission 38, p. 4.
[81]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 2.
[82]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 667–88.
[83]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 684.
[84]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 686.
[85]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 7.
[86]
Australian Government, Enhancing National Privacy Protection, p.
38.
[87]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 17.
[88]
Law Institute of Victoria, Submission 36, p. 5.
[89]
Privacy NSW, Submission 29, p. 2.
[90]
Privacy NSW, Submission 29, p. 2.
[91]
Public Interest Advocacy Centre, Submission 32, p. 1.
[92]
Professor Graham Greenleaf and Mr Nigel Waters, Submission 25,
p. 3.
[93]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, February 2011, p. 1.
[94]
Australian Privacy Principles Exposure Draft, s. 17; and
Australian Law Reform Commission, Submission 1, p. 5.
[95]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 6.
[96]
Australian Law Reform Commission, Submission 1, pp 3–6.
[97]
Australian Law Reform Commission, Submission 1, pp 3–4;
Dr Colin J Bennett, Submission 11, p. 1; Office of the
Information Commissioner, Queensland, Submission 18, p. 8;
Australian Association of National Advertisers, Submission 21,
pp 7–8; Privacy NSW, Submission 29, p. 6; Law Institute
of Victoria, Submission 36, p. 9.
[98]
Mr Bruce Alston, Senior Legal Officer, ALRC, Committee Hansard, 25
November 2010, p. 2.
[99]
Dr Colin J Bennett, Submission 11, p. 1; Australian
Association of National Advertisers, Submission 21, pp 7–8;
Office of the Information Commissioner, Queensland, Submission 18,
p. 8.
[100] Office of the Information
Commissioner, Queensland, Submission 18, p. 8.
[101] The Law Institute of
Victoria, Submission 36, p. 9.
[102] Australian Law Reform
Commission, Submission 1, pp 3–4.
[103] Professor Rosalind Croucher,
President, Australian Law Reform Commission, Committee Hansard, 25
November 2010, p. 3.
[104] Australian Hotels
Association, Submission 22, p. 2; Communications Council, Submission 23,
p. 9.
[105] Catholic Education Office,
Archdiocese of Melbourne, Submission 35, p. 1.
[106] Australian Law Reform
Commission, Submission 1, pp 4–5.
[107] Professor Rosalind Croucher,
Australian Law Reform Commission, Committee Hansard, 25 November
2010, p. 4.
[108] Australian Law Reform
Commission, Submission 1, p. 5.
[109] Australian Law Reform
Commission, Submission 1, pp 5–6; see also Professor Rosalind
Croucher, Australian Law Reform Commission, Committee Hansard, 25
November 2010, p. 5.
[110] Privacy NSW, Submission
29, p. 6.
[111] Australian Hotels
Association, Submission 22, p. 2.
[112] Australian Government, Companion
Guide, Australian Privacy Principles, June 2010, p. 6; Ms Joan
Sheedy, Department of the Prime Minister and Cabinet, Committee Hansard,
25 November 2010, p. 12.
[113] Office of the Victorian
Privacy Commissioner, Submission 5, p. 11; Health Services
Commissioner, Victoria, Submission 26, p. 6.
[114] Office of the Victorian
Privacy Commissioner, Submission 5, p. 11; Health Services
Commissioner, Victoria, Submission 26, p. 6.
[115] Law Council of Australia, Submission 31,
p. 4.
[116] Yahoo!7, Submission 20,
pp 4–5.
[117] Australian Direct Marketing
Association, Submission 27, p. 10.
[118] Australian Government, Enhancing
National Privacy Protection, p. 21.
[119] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, pp 4–5.
[120] Financial Services Council, Submission 34,
p. 4; Australian Hotels Association, Submission 22, p. 4;
Australian Association of National Advertisers, Submission 21,
p. 4; Westpac Group, Submission 13, pp 1–2.
[121] Insurance Council of
Australia, Submission 17, p. 2.
[122] Australian Hotels
Association, Submission 22, p. 4; The Westpac Group, Submission 13,
pp 1–2; Insurance Council of Australia, Submission 17,
pp 1–2.
[123] Financial Services Council, Submission 34,
p. 4; The Westpac Group, Submission 13, p. 2.
[124] Australian Hotels
Association, Submission 22, p. 4.
[125] Australian Privacy
Foundation, Submission 33, p. 1.
[126] Privacy NSW, Submission 29,
p. 1; Public interest Advocacy Centre, Submission 32,
p. 1.
[127] Office of the Privacy
Commissioner, Submission 39, p. 12.
Chapter 4 - Australian Privacy Principle 1–open and transparent management of personal information
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, p. 9.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 810.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 812.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 813.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 819.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 821–22.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 822–25.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 825–29.
[9]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 48.
[10]
Australian Government, Enhancing National Privacy Protection, pp
48–50.
[11]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 1.
[12]
Office of the Privacy Commissioner, Submission 39, p. 23;
Privacy NSW, Submission 29, p. 3; Australian Institute of Credit
Management, Submission 8, p. 2.
[13]
NSW Department of Justice and Attorney General, Submission 42, p.
2.
[14]
Microsoft, Submission 14, p. 9.
[15]
Office of the Information Commissioner Queensland, Submission 18,
p. 2.
[16]
Australian Government, Enhancing National Privacy Protection, p.
50.
[17]
Law Institute of Victoria, Submission 36, p. 4.
[18]
Law Council of Australia, Submission 31, p. 4.
[19]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 6.
[20]
Microsoft, Submission 14, p. 9.
[21]
Office of the Privacy Commissioner, Submission 39, p. 23.
[22]
Health Services Commissioner, Victoria, Submission 26, p. 2.
[23]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 3
[24]
Professor G Greenleaf & Mr N Waters, Submission 25, p.
5.
[25]
NSW Department of Justice and Attorney General, Submission 42, p.
2.
[26]
Law Council of Australia, Submission 33, p. 4.
[27]
Australian Finance Conference, Submission 12, p. 3.
[28]
Australian Association of National Advertisers, Submission 21,
p. 6.
[29]
Microsoft, Submission 14, pp 9–11.
[30]
Privacy NSW, Submission 29, p. 3.
[31]
Professor G Greenleaf & Mr N Waters, Submission 25, p.
5; Attachment 1, p. 4.
[32]
See for example, Australian Bankers' Association, Submission 15,
p. 3.
[33]
Australian Bankers' Association, Submission 15, p. 3; see
also Telstra Corporation Ltd, Submission 19, p.1.
[34]
Australian Bankers' Association, Submission 15, p. 3.
[35]
Yahoo!7, Submission 20, p. 1.
[36]
Telstra Corporation Ltd, Submission 19, p.1.
[37]
Australian Bankers' Association, Submission 15, p. 3.
[38]
National Australia Bank, Submission 2, p. 2; Australian
Bankers' Association, Submission 15, p. 3.
[39]
Privacy Law Consulting, Submission 24, p. 1.
[40]
Australian Association of National Advertisers, Submission 21,
p. 6.
[41]
Privacy Law Consulting, Submission 24, p. 1.
[42]
Professor G Greenleaf & Mr N Waters, Submission 25, p.
6.
[43]
NSW Department of Justice and Attorney General, Submission 42, p.
2.
[44]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 6.
[45]
Professor G Greenleaf & Mr N Waters, Submission 25, p.
6.
[46]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 7.
Chapter 5 - Australian Privacy Principle 2–anonymity and pseudonymity
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, pp 9–10.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 689.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 690.
[4]
Senate Legal and Constitutional Affairs References Committee, Inquiry
into the Privacy Act 1988, Electronic Frontiers Australia, Submission
17, p. 44; Australian Privacy Foundation, Submission 32, p. 17.
[5]
Senate Legal and Constitutional Affairs References Committee, Inquiry
into the Privacy Act 1988, Australian Privacy Foundation, Submission
32, p. 17.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 693.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 696.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 696–700.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 700–701.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 705.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 706.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 708.
[13]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 39.
[14]
See for example, Health Services Commissioner, Victoria, Submission
26, p. 2; Privacy NSW, Submission 29, p. 3; Internet
Society of Australia, Submission 41, p. 2.
[15]
Office of the Victorian Privacy Commissioner, Submission 5,
pp 3–4.
[16]
The Communications Council, Submission 23, p. 9.
[17]
Abacus Australian Mutuals, Submission 7, p. 1; Australian
Bankers' Association, Submission 15, p. 4.
[18]
Internet Society of Australia, Submission 41, p. 2.
[19]
Qantas, Submission 38, p. 3.
[20]
Office of the Privacy Commissioner, Submission 39, p. 24.
[21]
NSW Department of Justice and Attorney General, Submission 42, p.
3.
[22]
Professor G Greenleaf & Mr N Waters, Submission 25,
Attachment 1, p. 3.
[23]
Office of the Privacy Commissioner, Submission 39, p. 24.
[24]
Office of the Privacy Commissioner, Submission 39, p. 25.
[25]
Professor G Greenleaf & Mr N Waters, Submission 25, p.
6; see also Dr Colin Bennett, Submission 11, p. 2.
[26]
Internet Society of Australia, Submission 41, p. 3.
[27]
Law Institute Victoria, Submission 36, p. 4.
[28]
Internet Society of Australia, Submission 41, p. 3.
[29]
Australian Government, Companion Guide, Australian Privacy Principles, June
2010, pp 9–10.
[30]
NSW Department of Justice and Attorney General, Submission 42, p.
3.
[31]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 8.
[32]
Yahoo!7, Submission 20, p. 2.
[33]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 7.
Chapter 6 - Australian Privacy Principle 3–collection of solicited personal information
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, p. 10.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 710–11.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 711.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 735–36.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 718.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 718–19.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 740–41.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 741.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 738–41.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 741–44.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 748–751.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 752–55.
[13]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 44.
[14]
Office of the Guardian for Children and Young People, Submission 4,
p. 4; Australian Bankers' Association, Submission 15, p. 4; Office of
the Health Services Commissioner, Submission 26, p. 2.
[15]
Professor G Greenleaf and Mr N Waters, Submission 25, p. 6; see
also Australian Privacy Foundation, Submission 33, p. 2.
[16]
Australian Institute of Credit Management, Submission 8, p. 2.
[17]
Office of the Privacy Commissioner, Submission 39, p. 27.
[18]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[19]
Privacy NSW, Submission 29, p. 3.
[20]
Qantas, Submission 38, p. 5.
[21]
Australian Finance Conference, Submission 12, p. 4.
[22]
Professor G Greenleaf & Mr N Waters, Submission 25, pp 6–7.
[23]
Office of the Privacy Commissioner Victoria, Submission 5, p. 4.
[24]
Law Institute of Victoria, Submission 36, p. 5.
[25]
Dr Colin Bennett, Submission 11, p. 2.
[26]
Dr Colin Bennett, Submission 11, p. 2.
[27]
Law Institute of Victoria, Submission 36, p. 5.
[28]
Professor G Greenleaf & Mr N Waters, Submission 25, pp 6–7.
[29]
Law Institute of Victoria, Submission 36, p. 5.
[30]
See also Dr Colin Bennett, Submission 11, p. 2.
[31]
Government Response, p. 42.
[32]
Office of the Privacy Commissioner, Submission 39, p. 26.
[33]
Privacy Law Consulting, Submission 24, p. 2.
[34]
Privacy Law Consulting, Submission 24, p. 2.
[35]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 7.
[36]
Australian Law Reform Commission, Answers to Question on Notice, pp
1–2.
[37]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 9.
[38]
Office of the Privacy Commissioner, Submission 39, p. 27.
[39]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 10.
[40]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[41]
Office of the Privacy Commissioner Victoria, Submission 5, p. 5.
[42]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[43]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[44]
Public Interest Advocacy Centre, Submission 32, Attachment 1, p. 8.
[45]
Qantas, Submission 38, pp 4–5.
[46]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 10.
[47]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[48]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 8.
[49]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 11.
[50]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 12.
[51]
Office of the Privacy Commissioner Victoria, Submission 5, p. 5.
[52]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 7.
[53]
Qantas, Submission 38, p. 5.
[54]
NSW Department of Justice and Attorney General, Submission 42, p.
5.
[55]
Office of the Privacy Commissioner Victoria, Submission 5, p. 5.
[56]
Office of the Privacy Commissioner Victoria, Submission 5, p. 6.
[57]
Law Institute of Victoria, Submission 36, p. 5.
[58]
Australian Finance Conference, Submission 12, p. 4.
[59]
Australian Bankers' Association, Submission 15, p. 4.
[60]
NSW Department of Justice and Attorney General, Submission 42, p.
5.
[61]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 12.
[62]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, pp 12–13.
Chapter 7 - Australian Privacy Principle 4–receiving unsolicited personal information
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, p. 10.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 720.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 725.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 725–26.
[5]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 41.
[6]
Office of the Guardian for Children and Young People, Submission 4,
p. 4; Victorian Privacy Commissioner, Submission 5, p. 6; Australian
Institute of Credit Management, Submission 8, p. 3; Professor G
Greenleaf & Mr N Waters, Submission 25, p. 9.
[7]
National Australia Bank, Submission 2; Australian Finance
Conference, Submission 12, p. 4; Australian Bankers' Association, Submission
15, p. 5; Telstra, Submission 19, p. 1; Qantas, Submission 38, p.
5.
[8]
Qantas, Submission 38, p. 5.
[9]
Office of the Privacy Commissioner, Submission 39, p. 30.
[10]
National Australia Bank, Submission 2, p. 3
[11]
Telstra, Submission 19, p. 2.
[12]
Australian Finance Conference, Submission 12, pp 4–5.
[13]
Office of the Information Commissioner, Queensland, Submission 18,
p. 5.
[14]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 13.
[15]
Australian Bankers' Association, Submission 15, p. 4; see also
Telstra, Submission 19, p. 2.
[16]
Telstra, Submission 19, p. 2.
[17]
Westpac, Submission 13, p. 2.
[18]
Abacus Australian Mutuals, Submission 7, p. 2.
[19]
Yahoo!7, Submission 20, p. 2.
[20]
Telstra, Submission 19, p. 2.
[21]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 13.
[22]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, pp 13–14.
[23]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 14.
[24]
Health Services Commissioner, Victoria, Submission 26, p. 2.
[25]
Australian Bankers' Association, Submission 15, p. 5.
[26]
Google, Submission 17, p. 2.
[27]
Law Council of Australia Privacy Committee, Submission 31, p. 2.
[28]
Office of the Guardian for Children and Young People, Submission 4,
p. 4.
[29]
Abacus Australian Mutuals, Submission 7, p. 2.
[30]
Australian Bankers' Association, Submission 15, p. 5.
[31]
Office of the Information Commissioner, Queensland, Submission 18,
p. 4.
[32]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 14.
[33]
NSW Department of Justice and Attorney General, Submission 42, p. 5.
[34]
Australian Bankers' Association, Submission 15, p. 5.
[35]
Privacy NSW, Submission 29, p. 4.
[36]
Privacy Law Consulting, Submission 24, p. 3.
[37]
Office of the Privacy Commissioner, Submission 39, p. 30.
[38]
Australian Government, Enhancing National Privacy Protection, p.
41.
Chapter 8 - Australian Privacy Principle 5–notification of the collection of personal information
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[2]
Australian Law Reform Commission, For Your Information: Australian Privacy
Law and Practice, ALRC 108, 2008, p. 759.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 759–60.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 760–63.
[5]
Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, pp 766–67.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 767.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 779–82.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 768–69.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 768–73.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 778.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 783–84.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 784–87.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 787–89.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 794.
[15]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 794.
[16]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 794–96.
[17]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 797–98.
[18]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 797–98.
[19]
Australian Government, Enhancing National Privacy Protection: First
Stage Response to the Australian Law Reform Commission Report 108, For Your
Information: Australian Privacy Law and Practice, October 2009,
pp 45–47.
[20]
Australian Government, Enhancing National Privacy Protection,
p. 45.
[21]
Australian Government, Enhancing National Privacy Protection,
p. 46.
[22]
Australian Government, Enhancing National Privacy Protection,
p. 46.
[23]
Privacy NSW, Submission 9, p. 4.
[24]
Office of the Privacy Commissioner, Submission 39, p. 31.
[25]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[26]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 9.
[27]
Law Institute of Victoria, Submission 36, p. 6.
[28]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 15.
[29]
Law Council of Australia, Submission 31, p. 5.
[30]
Microsoft, Submission 14, p. 10.
[31]
Office of the Victorian Privacy Commissioner, Submission 5,
pp 6–7; Office of the Guardian for Children and Young People, Submission 4,
p. 5; Australian Bankers' Association, Submission 15,
pp 5–6.
[32]
Office of the Victorian Privacy Commissioner, Submission 5,
pp 6–7; Office of the Guardian for Children and Young People, Submission 4,
p. 5; Australian Bankers' Association, Submission 15,
pp 5–6.
[33]
Abacus Australian Mutuals, Submission 7, p. 2.
[34]
Abacus Australian Mutuals, Submission 7, p. 2.
[35]
Office of the Information Commissioner, Queensland, Submission 18,
pp 3–4.
[36]
Office of the Guardian for Children and Young People, Submission 4,
p. 5.
[37]
Australian Privacy Principles Exposure Draft, ss 6(1).
[38]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 772–73; Australian
Government, Enhancing National Privacy Protection, p. 45.
[39]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 772–73; Australian
Government, Enhancing National Privacy Protection, p. 45.
[40]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 772–73.
[41]
See Office of the Victorian Privacy Commissioner, Submission 5,
pp 6–7; Australian Institute of Credit Management, Submission 8,
p. 3; Yahoo!7, Submission 20, pp 1–2.
[42]
Office of the Victorian Privacy
Commissioner, Submission 5, pp 6–7.
[43]
See Australian Institute of Credit Management, Submission 8,
p. 3; Office of the Information Commissioner, Queensland, Submission 18,
p. 3; National Australia Bank, Submission 2, pp 3–4.
[44]
Australian Institute of Credit Management, Submission 8,
p. 3.
[45]
Australian Hotels Association, Submission 22, p. 3.
[46]
Telstra Corporation Limited, Submission 19, pp 2–3. See
also Australian Hotels Association, Submission 22, p. 3.
[47]
Financial Services Council Ltd, Submission 34, p. 2.
[48]
Microsoft, Submission 14, p. 10.
[49]
Microsoft, Submission 14, pp 10–11.
[50]
Privacy NSW, Submission 29, p. 4.
[51]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 766–67.
[52]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 804; Australian
Government, Enhancing National Privacy Protection, p. 47.
[53]
Australian Law Reform Commission, For Your Information: Australian Privacy
Law and Practice, ALRC 108, 2008, p. 773.
[54]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 9.
[55]
National Australia Bank, Submission 2, p. 3. See also
paragraphs 8.33–8.42 regarding the possible impact of notification of
collection.
[56]
Australian Finance Conference, Submission 12, p. 5.
[57]
National Australia Bank, Submission 2, pp 3–4; Australian
Bankers' Association, Submission 15, pp 5–6; Australian
Finance Conference, Submission 12, pp 5–6.
[58]
Australian Bankers' Association, Submission 15, p. 6.
[59]
Australian Finance Conference, Submission 12, pp 5–6.
[60]
Australian Finance Conference, Submission 12, pp 5–6.
[61]
National Australia Bank, Submission 2, pp 3–4.
[62]
National Australia Bank, Submission 2, pp 3–4.
[63]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 9.
[64]
Law Institute of Victoria, Submission 36, p. 6.
[65]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 9.
[66]
Office of the Privacy Commissioner, Submission 39,
pp 31–32.
[67]
Health Services Commissioner, Victoria, Submission 26,
p. 2; Professor G Greenleaf & Mr N Waters, Submission 25,
p. 9.
[68]
Health Services Commissioner, Victoria, Submission 26,
p. 2; Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[69]
Coles Supermarkets Australia, Submission 10, p. 2; Deloitte
Touche Tohmatsu, Submission 28, p. 1; National Australia Bank,
Submission 2, p. 2; Australian Finance Conference, Submission 12,
p. 6; and Australian Bankers' Association, Submission 15,
p. 3.
[70]
Coles Supermarkets Australia, Submission 10, p. 2; Deloitte
Touche Tohmatsu, Submission 28, p. 1; Australian Bankers'
Association, Submission 15, p. 7.
[71]
Coles Supermarkets Australia, Submission 10, p. 2;
Privacy Law Consulting Australia, Submission 24, p. 1;
National Australia Bank, Submission 2, p. 2; Australian Finance
Conference, Submission 12, p. 6; Australian Bankers' Association, Submission 15,
p. 7.
[72]
Australian Bankers' Association, Submission 15, p. 7.
[73]
'In simple terms, cloud computing is a way to enhance computing
experiences by enabling users to access software applications and data that are
stored at off-site datacenters rather than on the user’s own device or PC or at
an organisation’s on-site datacenter'. See Microsoft, Submission 14,
p. 5.
[74]
Yahoo!7, Submission 20, pp 1–2.
[75]
Privacy Law Consulting Australia, Submission 24, p. 1.
[76]
National Australia Bank, Submission 2, p. 2; Deloitte Touche
Tohmatsu, Submission 28, p. 1; Australian Finance Conference, Submission
12, p. 6; Australian Bankers' Association, Submission 15,
pp 3 and 7; Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10; Privacy Law Consulting Australia, Submission 24,
p. 1; Coles Supermarkets Australia, Submission 10, p. 2.
[77]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 782.
[78]
Australian Government, Enhancing National Privacy Protection,
p. 46.
[79]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 798.
[80]
Australian Government, Enhancing National Privacy Protection ,
p. 46.
[81]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 766–67.
Chapter 9 - Australian Privacy Principle 6–use or disclosure of personal information
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[2]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[3]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[4]
Privacy Act 1988, ss. 14(9)‑ss. 14(11).
[5]
Privacy Act 1988, schedule 3, clause 2.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 839.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 839–40.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 838.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 840–44.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 845.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 850–51.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 852–53.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 862–63.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 866–69.
[15]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 859–60.
[16]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 859–60.
[17]
Senate Legal and Constitutional Affairs References Committee, The real
Big Brother: Inquiry into the Privacy Act 1988, Australian Privacy
Foundation, Submission 32, p. 20.
[18]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 863–66.
[19]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 870 and 1490.
[20]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1491–92.
[21]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1493–97.
[22]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 874–75.
[23]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 881–85.
[24]
Australian Government, Enhancing National Privacy Protection: First
Stage Response to the Australian Law Reform Commission Report 108, For Your
Information: Australian Privacy Law and Practice, October 2009, p. 52.
[25]
Australian Government, Enhancing National Privacy Protection,
p. 52.
[26]
Australian Government, Enhancing National Privacy Protection,
pp 54–55.
[27]
Australian Government, Enhancing National Privacy Protection,
pp 52–53.
[28]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[29]
Office of the Privacy Commissioner, Submission 39, p. 32.
[30]
Privacy NSW, Submission 29, p. 4.
[31]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[32]
Office of the Information Commissioner, Queensland, Submission 18,
p. 5.
[33]
Office of the Information Commissioner, Queensland, Submission 18,
p. 5.
[34]
Australian Institute of Credit Management, Submission 8,
p. 3.
[35]
Law Institute of Victoria, Submission 36, p. 6.
[36]
Australian Bankers' Association, Submission 15, pp 7–8.
[37]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[38]
Explanatory Memorandum, Privacy Amendment (Private Sector) Bill 2000,
p. 132.
[39]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 851.
[40]
Australian Bankers' Association, Submission 15, p. 7.
[41]
Professor G Greenleaf & Mr N Waters, Submission 25, pp 7 and 10.
[42]
Australian Direct Marketing Association, Submission 27,
p. 9; Google Australia Pty Limited, Submission 16, p. 7.
[43]
Google Australia Pty Limited, Submission 16, p. 7.
[44]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 863–866.
[45]
Australian Government, Enhancing National Privacy Protection,
p. 52.
[46]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 7.
[47]
Professor G Greenleaf & Mr N Waters, Submission 25,
pp 7 and 10.
[48]
Australian Medical Association, Submission 37, p. 2.
[49]
Qantas, Submission 38, pp 4–6.
[50]
Health Services Commissioner, Victoria, Submission 26,
p. 3.
[51]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 859–60.
[52]
Australian Government, Enhancing National Privacy Protection, pp 54–55.
[53]
Law Council of Australia, Submission 31, p. 5; Australian
Direct Marketing Association, Submission 27, p. 10.
[54]
Qantas, Submission 32, p. 6; Australian Bankers'
Association, Submission 15, p. 8; Financial Services Council, Submission 34,
p. 2.
[55]
Professor G Greenleaf & Mr N Waters, Submission 25,
pp 7 and 10.
[56]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 16.
[57]
Australian Government, Enhancing National Privacy Protection,
p. 52.
[58]
Professor G Greenleaf & Mr N Waters, Submission 25,
pp 8 and 10.
[59]
Australian Government, Enhancing National Privacy Protection,
p. 52.
[60]
Professor G Greenleaf & Mr N Waters, Submission 25,
pp 8 and 10.
[61]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 7.
[62]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 874.
[63]
Australian Law Reform Commission, Submission 1, pp 1–2.
[64]
Australian Law Reform Commission, Submission 1, pp 2–3.
[65]
Professor G Greenleaf & Mr N Waters, Submission 25,
pp 8 and 10.
[66]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[67]
Australian Government, Enhancing National Privacy Protection,
p. 53.
[68]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 16.
[69]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[70]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[71]
Law Council of Australia, Submission 31, pp 5–6.
[72]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 10.
[73]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1492–93.
[74]
Australian Government, Enhancing National Privacy Protection,
p. 82.
[75]
Qantas, Submission 38, p. 6.
[76]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1511.
[77]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 6; Australian Law Reform Commission, For Your
Information: Australian Privacy Law and Practice, ALRC 108, 2008,
p. 853.
[78]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[79]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 11.
[80]
Privacy NSW, Submission 29, p. 4.
[81]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 16.
[82]
Office of the Guardian for Children and Young People, Submission 4,
p. 6.
[83]
Professor G Greenleaf &Mr N Waters, Submission 25, p. 11.
[84]
Qantas, Submission 38, pp 6–7.
[85]
Professor G Greenleaf &Mr N Waters, Submission 25,
p. 11.
Chapter 10 - Australian Privacy Principle 7–direct marketing
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[2]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 889–90.
[4]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 11.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 898.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 891–92.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 891–93.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 889–95; Office of the
Privacy Commissioner, Getting in on the Act: The Review of the Private
Sector Provisions of the Privacy Act 1988, March 2005, pp 94‑103.
[9]
Senate Legal and Constitutional Affairs References Committee, The
real Big Brother: Inquiry into the Privacy Act 1988, June 2005,
pp 81–87 and 158.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 891.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 891–95.
[12]
Office of the Privacy Commissioner, Getting in on the Act: The Review
of the Private Sector Provisions of the Privacy Act 1988, March 2005,
p. 95.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 897–98.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 899–903.
[15]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 899–900.
[16]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 902–03.
[17]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 905.
[18]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 905–906.
[19]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 906–912.
[20]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 906–912.
[21]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 911.
[22]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 928.
[23]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 912; Senate Legal and
Constitutional Affairs References Committee, The real Big Brother: Inquiry
into the Privacy Act 1988, June 2005, pp 81–87 and 158; Office of the
Privacy Commissioner, Getting in on the Act: The Review of the Private
Sector Provisions of the Privacy Act 1988, March 2005, p. 103.
[24]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 915.
[25]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 917.
[26]
Office of the Privacy Commissioner, Getting in on the Act: The Review
of the Private Sector Provisions of the Privacy Act 1988, March 2005,
p. 103; Australian Law Reform Commission, For Your Information:
Australian Privacy Law and Practice, ALRC 108, 2008, p. 921.
[27]
Senate Legal and Constitutional Affairs References Committee, The real
Big Brother: Inquiry into the Privacy Act 1988, June 2005, p. 158.
[28]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 925–926 and 928.
[29]
Australian Government, Enhancing National Privacy Protection: First
Stage Response to the Australian Law Reform Commission Report 108, For Your
Information: Australian Privacy Law and Practice, October 2009, p. 56.
[30]
Australian Government, Enhancing National Privacy Protection,
p. 56.
[31]
Australian Government, Enhancing National Privacy Protection,
p. 57.
[32]
Australian Government, Enhancing National Privacy Protection,
p. 57.
[33]
Australian Government, Enhancing National Privacy Protection,
pp 57–58.
[34]
Australian Government, Enhancing National Privacy Protection,
pp 57–58.
[35]
Australian Government, Enhancing National Privacy Protection,
p. 59.
[36]
Coles Supermarkets Australia Pty Ltd, Submission 10,
p. 1; Westpac Group, Submission 13, p. 2.
[37]
National Australia Bank, Submission 2, p. 4; Australian
Bankers' Association, Submission 15, p. 8; Privacy NSW, Submission 29,
pp 4–5; Australian Privacy Foundation, Submission 33,
p. 2; Qantas, Submission 38, p. 7.
[38]
Privacy NSW, Submission 29, pp 4–5.
[39]
Dr Colin Bennett, Submission 11, p. 3.
[40]
See National Australia Bank, Submission 2, p. 4; Epworth
HealthCare, Submission 9, p. 1; Privacy Law Consulting
Australia, Submission 24, p. 5; Professor G Greenleaf & Mr
N Waters, Submission 25, p. 11; Australian Direct Marketing
Association, Submission 27, p. 2; Australian Privacy
Foundation, Submission 33, p. 2; Financial Services Council, Submission 34,
pp 2–3; Law Institute of Victoria, Submission 36, p. 6;
Qantas, Submission 38, p. 7.
[41]
Office of the Privacy Commissioner, Submission 39, p. 32.
[42]
Privacy Law Consulting Australia, Submission 24, p. 4.
[43]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 21.
[44]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 17.
[45]
Australian Direct Marketing Association, Submission 27,
pp 5–6; Office of the Privacy Commissioner, Submission 39,
pp 32‑34.
[46]
Australian Institute of Credit Management, Submission 8,
pp 3–4.
[47]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 12.
[48]
Privacy Law Consulting Australia, Submission 24, p. 4;
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 12.
[49]
Office of the Privacy Commissioner, Submission 39, p. 33.
[50]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 905; Australian
Government, Enhancing National Privacy Protection, p. 57.
[51]
Australian Law Reform Commission, For Your Information: Australian Privacy
Law and Practice, ALRC 108, 2008, pp 893–898; Australian Government, Enhancing
National Privacy Protection, p. 56.
[52]
Coles Supermarkets Australia Pty Ltd, Submission 10,
p. 1; Australian Bankers' Association, Submission 15,
p. 8; Privacy Law Consulting Australia, Submission 24, pp 4–5.
[53]
Australian Bankers' Association, Submission 15, p. 8.
[54]
Privacy Law Consulting Australia, Submission 24, pp 4–5.
[55]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 896–898.
[56]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 7.
[57]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 11; Australian Direct Marketing Association, Submission 27,
pp 7‑8.
[58] Professor G Greenleaf & Mr N Waters,
Submission to the Australian Law Reform Commission on the Review of
Australian Privacy Law Discussion Paper 72: Strengthening uniform privacy
principles: an analysis of the ALRC's proposed principles, 17 December 2007,
pp 44–45; See also Professor G Greenleaf & Mr N Waters, Submission
25, p. 11.
[59]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 11.
[60]
Australian Direct Marketing Association, Submission 27,
pp 7–8.
[61]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 11;
Australian Direct Marketing Association, Submission 27,
pp 7–8.
[62]
Office of the Privacy Commissioner, Submission 39, p. 36.
[63]
Mr Bruce Alston, Senior Legal Officer, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 8.
[64]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 8.
[65]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 899–903; Australian
Government, Enhancing National Privacy Protection, p. 56.
[66]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 899–903; Office of the
Privacy Commissioner, Submission 39, p. 36.
[67]
Public Interest Advocacy Centre, Submission 32, p. 1; Attachment
1, p. 11; Obesity Policy Coalition, Submission 40,
pp 2–3.
[68]
Obesity Policy Coalition, Submission 40, pp 2–3.
[69]
Australian Government, Enhancing National Privacy Protection, pp 57–58.
[70]
Australian Government, Enhancing National Privacy Protection,
pp 57–58 and 60.
[71]
Australian Government, Companion Guide, Australian Privacy Principles, June
2010, p. 11.
[72]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 18.
[73]
Australian Direct Marketing Association, Submission 27,
pp 4–5.
[74]
Australian Direct Marketing Association, Submission 27, p. 6.
[75]
Australian Direct Marketing Association, Submission 27, p. 6.
[76]
Office of the Privacy Commissioner, Submission 39, p. 34.
[77]
Australian Association of National Advertisers, Submission 21,
p. 7.
[78]
Australian Direct Marketing Association, Submission 27,
pp 4–5.
[79]
The Communications Council, Submission 23, p. 8.
[80]
Australian Bankers' Association, Submission 15, p. 8.
[81]
Office of the Privacy Commissioner, Submission 39, pp 34–35.
[82]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 18.
[83]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 19.
[84]
Australian Bankers' Association, Submission 15, p. 9.
[85]
Epworth HealthCare, Submission 9, p. 1.
[86]
Law Institute of Victoria, Submission 36, pp 6–7.
[87]
Financial Services Council, Submission 34, pp 2–3.
[88]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 12.
[89]
National Australia Bank, Submission 2, p. 4.
[90]
Australian Finance Conference, Submission 12, pp 6–7.
[91]
Australian Finance Conference, Submission 12, p. 7.
[92]
Telstra Corporation Limited, Submission 19, p. 3.
[93]
Office of the Privacy Commissioner, Submission 39,
pp 35–36.
[94]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 12.
[95]
Privacy Law Consulting Australia, Submission 24, p. 5.
[96]
Financial Services Council, Submission 34, p. 2.
[97]
Privacy Law Consulting Australia, Submission 24, p. 5;
Professor G Greenleaf & Mr N Waters, Submission 25, pp 12–13;
Financial Services Council, Submission 34, pp 2–3.
[98]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, pp 21–22.
[99]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 21.
[100] Australian Bankers'
Association, Submission 15, pp 9‑10; Telstra Corporation
Limited, submission 19, p. 3; Communications Council, Submission 23,
p. 7.
[101] Australian Bankers'
Association, Submission 15, p. 9; Telstra Corporation Limited,
Submission 19, p. 3.
[102] Telstra Corporation Limited,
Submission 19, p. 3.
[103] Australian Direct Marketing
Association, Submission 27, pp 6–7.
[104] Australian Direct Marketing
Association, Submission 27, pp 6–7.
[105] Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, p. 915.
[106] Professor G Greenleaf &
Mr N Waters, Submission 25, p. 13.
[107] The Westpac Group, Submission 13,
p. 2; Australian Bankers' Association, Submission 15,
p. 9; Insurance Council of Australia, Submission 17,
p. 2; Communications Council, Submission 23, p. 7; Privacy
Law Consulting Australia, Submission 24, pp 6–7.
[108] Coles Supermarkets Australia
Pty Ltd, Submission 10, p. 2.
[109] Coles Supermarkets Australia
Pty Ltd, Submission 10, p. 2.
[110] The Westpac Group, Submission 13,
p. 2; Australian Bankers' Association, Submission 15,
pp 10–11.
[111] Financial Services Council, Submission 34,
pp 2–3.
[112] Privacy Law Consulting
Australia, Submission 24, pp 6–7.
[113] Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, pp 925–26.
[114] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 23.
[115] Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, pp 925–26.
[116] See for example, Australian
Institute of Credit Management, Submission 8, p. 3; Abacus Australian
Mutuals, Submission 7, p. 2.
[117] Coles Supermarkets Australia
Pty Ltd, Submission 10, p. 2; see also Australian Institute of
Credit Management, Submission 8, p. 3.
[118] Privacy Law Consulting
Australia, Submission 24, pp 7–8.
[119] Coles Supermarkets Australia
Pty Ltd, Submission 10, p. 2.
[120] Australian Finance
Conference, Submission 12, p. 7.
[121] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 20.
Chapter 11 - Australian Privacy Principle 8–cross-border disclosure of personal information and sections 19 and 20
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[2]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, pp 6–7.
[3]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 13.
[4]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[5]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[6]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[7]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[8]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, pp 6–7.
[9]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 20.
[10]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 7.
[11]
Australian Government, Companion
Guide, Australian Privacy Principles, June 2010, p. 13.
[12]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 13.
[13]
Microsoft, Submission 14, p. 5; Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, pp 1063–65.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1065.
[15]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1065–66.
[16]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1086–87.
[17]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1086–87.
[18]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1081–82.
[19]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1082.
[20]
Explanatory Memorandum, Privacy Amendment (Private Sector) Bill 2000,
p. 89; Australian Law Reform Commission, For Your Information:
Australian Privacy Law and Practice, ALRC 108, 2008, pp 1084–85.
[21]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1066.
[22]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1082–1084 and 1104.
[23]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1087–97.
[24]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1095–96.
[25]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1097–1100.
[26]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1103–04.
[27]
Australian Law Reform Commission, For Your Information: Australian Privacy
Law and Practice, ALRC 108, 2008, pp 1114–17.
[28]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1117–19.
[29]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1123.
[30]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1127–29.
[31]
Australian Government, Enhancing National Privacy Protection: First
Stage Response to the Australian Law Reform Commission Report 108, For Your
Information: Australian Privacy Law and Practice, October 2009,
pp 77–80.
[32]
Australian Government, Enhancing National Privacy Protection,
pp 77–78.
[33]
Australian Government, Enhancing National Privacy Protection,
p. 78.
[34]
Australian Government, Enhancing National Privacy Protection,
p. 81.
[35]
Australian Institute of Credit Management, Submission 8, p. 4.
[36]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 13.
[37]
Privacy NSW, Submission 29, p. 5.
[38]
Australian Hotels Association, Submission 22, p. 3; Communications
Council, Submission 23, p. 9.
[39]
Yahoo!7, Submission 20, p. 3.
[40]
As described in paragraph 11.5 above, section 20 makes an entity
accountable for the overseas recipient's acts and practices and a breach of the
APPs by the overseas recipient will be taken to be that of the entity who
disclosed the personal information to the overseas recipient. Companion Guide,
p. 13.
[41]
NSW Department of Justice and Attorney General, Submission 42, p.
8.
[42]
Office of the Privacy Commissioner, Submission 39, p. 36.
[43]
Australian Bankers' Association, Submission 15, p. 11.
[44]
Google, Submission 16, p. 7.
[45]
Australian Finance Conference, Submission 12, pp 7–8.
[46]
Microsoft, Submission 14, p. 11; see also Australian Bankers'
Association, Submission 15, p. 11.
[47]
Deloitte Touche Tohmatsu, Submission 28, pp 1–2.
[48]
Law Council of Australia, Submission 31, p. 6.
[49]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 24.
[50]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 24.
[51]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 14.
[52]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1127–29.
[53]
Australian Government, Enhancing National Privacy Protection,
p. 81. See chapter 8 for further information.
[54]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 8.
[55]
Australian Finance Conference, Submission 12, p. 8.
[56]
Privacy Law Consulting Australia, Submission 24, p. 9.
[57]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 12.
[58]
Telstra Corporation Limited, Submission 19, p. 3.
[59]
Financial Services Council, Submission 34, p. 3; see also
Office of the Privacy Commissioner, Submission 39, p. 37.
[60]
Office of the Privacy Commissioner, Submission 39, p. 37.
[61]
Office of the Privacy Commissioner, Submission 39, p. 37.
[62]
Office of the Privacy Commissioner, Submission 39, p. 37.
[63]
Australian Law Council, Supplementary Submission 31a, p.
4.
[64]
Qantas, Submission 38, pp 7–8.
[65]
Dr Colin J. Bennett, Submission 11, p. 4; Internet
Society of Australia, Submission 41, p. 3; Professor G
Greenleaf & Mr N Waters, Submission 25, p. 13.
[66]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 13.
[67]
Dr Colin J. Bennett, Submission 11, p. 4.
[68]
Coles Supermarkets Australia Pty Ltd, Submission 10,
p. 2.
[69]
Australian Bankers' Association, Submission 15, p. 12.
[70]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 9.
[71]
Australian Government, Enhancing National Privacy Protection,
p. 80.
[72]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 13.
[73]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 14.
[74]
Microsoft, Submission 14, p. 11.
[75]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 14.
[76]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 14.
[77]
Dr Colin J Bennett, Submission 11, p. 4.
[78]
Qantas, Submission 36, p. 8; see also Telstra Corporation Limited, Submission 19,
pp 3–4.
[79]
Telstra Corporation Limited, Submission 19, p. 4.
[80]
Microsoft, Submission 14, p. 12.
[81]
The Westpac Group, Submission 13, p. 3; Australian
Bankers' Association Inc., Submission 15, p. 13; Telstra
Corporation Limited, Submission 19, pp 3‑4; Professor G
Greenleaf & Mr N Waters, Submission 25, p. 14; Deloitte
Touche Tohmatsu, Submission 28, p. 2.
[82]
The Westpac Group, Submission 13, p. 3; Internet Society
of Australia, Submission 41, p. 3; Telstra Corporation
Limited, Submission 19, pp 3–4.
[83]
NSW Department of Justice and Attorney General, Submission 42, p.
9.
[84]
NSW Department of Justice and Attorney General, Submission 42, p.
9.
[85]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1097–1100.
[86]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 25.
[87]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 25.
[88]
Law Institute of Victoria, Submission 36, p. 7.
[89]
Office of the Health Services Commissioner Victoria, Submission 26,
p. 3; Public Interest Advocacy Centre, Submission 32,
p. 1, Attachment, pp 12–13.
[90]
Australian Bankers' Association, Submission 15, p. 12.
[91]
Australian Bankers' Association, Submission 15, pp 12–13.
[92]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 15, Attachment, p.15.
[93]
Office of the Health Services Commissioner Victoria, Submission 26,
p. 3.
[94]
Office of the Health Services Commissioner Victoria, Submission 26,
p. 3.
[95]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 8; see also Privacy NSW, Submission 29, p. 5.
[96]
Professor G Greenleaf & Mr N Waters, Submission 25,
p. 15, Attachment, p.15.
[97]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1103–04; Australian
Government, Enhancing National Privacy Protection, p. 80.
[98]
Professor Rosalind Croucher, President, Australian Law Reform Commission, Committee
Hansard, 25 November 2010, p. 7.
[99]
Google Australia Pty Limited, Submission 16, pp 7–8.
[100] Australian Government, Companion
Guide, Australian Privacy Principles, June 2010, p. 7.
[101] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 25.
[102] Law Institute of Victoria, Submission
36, p. 7.
[103] Professor G Greenleaf &
Mr N Waters, Submission 25, p. 15.
[104] Office of the Privacy
Commissioner, Submission 39, p. 38.
[105] Office of the Privacy
Commissioner, Submission 39, p. 38.
[106] Australian Government, Companion
Guide, Australian Privacy Principles, June 2010, p. 13.
[107] Office of the Privacy
Commissioner, Submission 39, pp 38–39.
[108] Office of the Privacy
Commissioner, Submission 39, pp 28–30 and 39.
[109] Law Council of Australia, Submission 31,
p. 6; Law Council of Australia, Supplementary Submission 31a,
p. 4; Qantas, Submission 38, pp 7–8.
[110] Law Council of Australia, Submission 31,
pp 6–7; Qantas, Submission 38, pp 7–8.
[111] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 26.
[112] Australian Law Reform
Commission, For Your Information: Australian Privacy Law and Practice,
ALRC 108, 2008, p. 1123; Australian Government, Enhancing National
Privacy Protection, pp 77–78.
[113] Google Australia Pty
Limited, Submission 16, p. 6; Professor G Greenleaf & Mr N
Waters, Submission 25, p. 4.
[114] Australian Direct Marketing
Association, Submission 27, p. 8; Professor G Greenleaf
& Mr N Waters, Submission 25, p. 4.
[115] Google Australia Pty
Limited, Submission 16, p. 6; Office of the Privacy
Commissioner, Submission 39, pp 43‑44; Law Council of
Australia, Submission 31, p. 9.
[116] Office of the Privacy
Commissioner, Submission 39, p. 44.
[117] Office of the Privacy
Commissioner, Submission 39, p. 44.
[118] Google Australia Pty
Limited, Submission 16, p. 6; Law Council of Australia, Submission 31,
p. 9.
[119] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 30.
[120] Law Council of Australia, Submission 31,
pp 8–9. See also Australian Direct Marketing Association, Submission 27,
p. 8; Financial Services Council, Submission 34, p. 3.
[121] Law Council of Australia, Submission 31,
pp 8–9.
[122] Australian Direct Marketing
Association, Submission 27, p. 8.
[123] Financial Services Council, Submission 34,
p. 3.
[124] Office of the Privacy
Commissioner, Submission 39, p. 43.
[125] Law Institute of Victoria, Submission 36,
p. 9.
[126] Law Council of Australia, Submission 31,
pp 8–9.
[127] Law Council of Australia, Submission 31,
pp 8–9.
[128] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 30.
[129] Microsoft, Submission 14,
p. 11; Australian Bankers' Association, Submission 15,
p. 11; The Communications Council, Submission 23, p. 8; Deloitte
Touche Tohmatsu, Submission 28, pp 1–2; Google Australia Pty
Limited, Submission 16, p. 7; Law Council of Australia, Submission
31, p. 9.
[130] Australian Finance
Conference, Submission 12, pp 7–8.
[131] Telstra, Submission 19, p.
5.
[132] Australian Association of
National Advertisers, Submission 21, p. 8.
[133] Law Council of Australia, Submission
31, p. 9.
[134] Australian Bankers'
Association, Submission 15, p. 11.
[135] Telstra, Submission 19, p.
5.
[136] Australian Association of
National Advertisers, Submission 21, p. 8.
[137] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 31.
[138] Law Council of Australia, Submission 31,
p. 10.
[139] Australian Bankers'
Association, Submission 15, pp 11–12.
[140] Department of the Prime
Minister and Cabinet, Answers to Questions on Notice, p. 31.
[141] Professor G Greenleaf &
Mr N Waters, Submission 25, p. 14.
[142] Telstra Corporation Limited,
Submission 19, p. 4.
[143] National Australia Bank, Submission 2,
p. 6.
[144] Law Institute of Victoria, Submission 36,
p. 7.
Chapter 12 - Australian Privacy Principle 9–adoption, use or disclosure of government related identifiers
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, pp 13–14.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1024, p. 1027.
[3] Senate
Legal and Constitutional Affairs References Committee, The real Big Brother:
Inquiry into the Privacy Act 1988, June 2005, p. 26.
[4]
Senate Legal and Constitutional Affairs References Committee, The
real Big Brother: Inquiry into the Privacy Act 1988, June 2005, p. 25.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1029.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1029.
[7] Australian
Law Reform Commission, For Your Information: Australian Privacy Law and
Practice, ALRC 108, 2008, pp 1030–31.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1031.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1034.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1057.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1035–40.
[12]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 14, Australian Law Reform Commission, For Your Information:
Australian Privacy Law and Practice, ALRC 108, 2008, p. 1042.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1046–47.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1049.
[15]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 73.
[16]
Australian Government, Enhancing National Privacy Protection, pp
73–74.
[17]
Australian Government, Enhancing National Privacy Protection, pp
75–76. The response also noted that the Government would review the current Tax
File Number Guidelines.
[18]
Australian Government, Enhancing National Privacy Protection, p. 73
and p. 74.
[19]
Australian Institute of Credit Management, Submission 8, p. 4, Dr
Colin Bennett, Submission 11, pp 3–4; Law Council of Australia, Submission
31, p. 7.
[20]
Professor G Greenleaf & Mr N Waters, Submission 25, p.15;
Office of the Privacy Commissioner, Submission 39, p. 39.
[21]
Australian Privacy Foundation, Submission 33, p. 2.
[22]
Australian Institute of Credit Management, Submission 8, p. 4;
Privacy NSW, Submission 29, p. 6.
[23]
Office of the Privacy Commissioner, Submission 39, p. 39.
[24]
Office of the Privacy Commissioner, Submission 39, pp 6 and 18.
[25]
Qantas Airways Limited, Submission 38, pp 3–4.
[26]
Office of the Victorian Privacy Commissioner, Submission 5, pp 8–9;
Professor G Greenleaf & Mr N Waters, Submission 25, p. 15; Health
Services Commissioner, Victoria, Submission 26, p. 4.
[27]
Office of the Victorian Privacy Commissioner, Submission 5, pp 8–9.
[28]
Health Services Commissioner, Victoria, Submission 26, p. 4.
[29]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 15 and
attachment, p. 17.
[30]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 27.
[31]
Health Services Commissioner, Victoria, Submission 26, p. 4.
[32]
Australian Government, Enhancing National Privacy Protection, p.
73.
[33]
NSW Department of Justice and Attorney General, Submission 42, p.
9.
[34]
Law Council of Australia, Submission 31, p. 7.
[35]
Australian Bankers' Association, Submission 15, p. 14.
[36]
Australian Bankers' Association, Submission 15, p. 14.
[37]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 443.
Chapter 13 - Australian Privacy Principle 10–quality of personal information
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 14.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 932.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 931–932.
[4]
IPP 9 states that 'a record-keeper who has
possession or control of a record that contains personal information shall not
use the information except for a purpose to which the information is relevant.'
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 933–934.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 933–934.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 936.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 937.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 937.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 937.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 937.
[12]
Office of the Privacy Commissioner, Getting in on the Act: The Review
of the Private Sector Provisions of the Privacy Act 1988 (2005), pp 267–268.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 939.
[14]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, p. 61.
[15]
Office of the Victorian Privacy Commissioner, Submission 5, p. 9;
Australian Institute of Credit Management, Submission 8, p. 4; Professor
G Greenleaf & Mr N Waters, Submission 25,p. 15.
[16]
Office of the Victorian Privacy Commissioner, Submission 5, p. 9.
[17]
Health Services Commissioner of Victoria, Submission 26, p. 4;
Professor G Greenleaf & Mr N Waters, Submission 25, p. 15.
[18]
Privacy NSW, Submission 29, p. 6.
[19]
Dr Colin Bennett, Submission 11, p. 4; Law Institute of Victoria, Submission
36, p. 7.
[20]
Dr Colin Bennett, Submission 11, p. 4; Law Institute of Victoria, Submission
36, p. 7.
[21]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 28.
[22]
Office of the Privacy Commissioner, Submission 39, p. 40.
[23]
Privacy Law Consulting, Submission 24, p. 8.
[24]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 28.
[25]
Public Interest Advocacy Centre, Submission 32, p. 1 and Attachment
p. 11.
[26]
Office of the Information Commissioner, Submission 18, p. 6.
[27]
Coles Supermarkets Australia Pty Ltd, Submission 10, p. 4.
[28]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 936.
[29]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 14.
[30]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 997.
Chapter 14 - Australian Privacy Principle 11–security of personal information
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, p. 14.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 941–942.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 944.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 949.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 949.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 950.
[7]
'This section requires an agency entering into a Commonwealth contract
to take contractual measures to ensure that a contracted service provider for
the contract does not do an act, or engage in a practice, that would breach an
Information Privacy Principle if done or engaged in by the agency', Privacy
Act 1988, p. 187.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 954–55.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 955.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 958.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 963–965.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 965.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 967.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 951; p. 970.
[15]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, pp 62–63.
[16]
Microsoft Australia, Submission 14, p. 12.
[17]
Office of the Victorian Privacy Commissioner, Submission 5, p. 9.
[18]
Australian Institute of Credit Management, Submission 8, p. 4;
Yahoo!7, Submission 20, p. 3.
[19]
Privacy NSW, Submission 29, p. 8.
[20]
Office of the Health Services Commissioner Victoria, Submission 26,
p. 4; Australian Bankers' Association, Submission 15, p. 14.
[21]
Australian Bankers' Association, Submission 15, p. 14; Telstra
Corporation Ltd, Submission 19, p. 4; Australian Direct Marketing
Association, Submission 27, p. 10; Privacy Law Consulting, Submission
24, p. 3 & p. 9; Office of the Health Services Commissioner Victoria, Submission
26, pp 4–5; Financial Services Council, Submission 34, pp. 3–4.
[22]
Microsoft Australia, Submission 14, p. 12.
[23]
NSW Department of Justice and Attorney General, Submission 42, p.
10.
[24]
Privacy Interest Advocacy Centre, Submission 32, Attachment, p.
11.
[25]
National Association for Information Destruction, Submission 6, p.
3.
[26]
Australian Bankers' Association, Submission 15, p. 14.
[27]
Australian Direct Marketing Association, Submission 27, p. 10.
[28]
Telstra Corporations Ltd, Submission 19, p. 4.
[29]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 28.
[30]
National Association for Information Destruction, Submission 6, pp
3–4.
[31]
Office of the Health Services Commissioner Victoria, Submission 26,
pp 4–5.
[32]
Financial Services Council, Submission 34, pp 3–4.
[33]
Yahoo!7, Submission 20, p. 3.
[34]
Google Australia, Submission 16, pp 6–7.
[35]
Privacy Law Consulting, Submission 24, pp 3, 9.
[36]
Australian Government, Enhancing National Privacy Protection, p.
63.
Chapter 15 - Australian Privacy Principle 12–access to personal information
[1]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 14.
[2]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, p. 14.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 973.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 974; see also Australian
Law Reform Commission, Review of Australian Privacy Law (DP72), p. 171.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 977.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 976; Australian Law
Reform Commission, Review of Australian Privacy Law (DP72), pp 89–100.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 975.
[8]
See Australian Law Reform Commission, For Your Information:
Australian Privacy Law and Practice, ALRC 108, 2008, Chapter 4, for
a detailed discussion of principles-based and rules-based regulation.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 976.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 978–79.
[11]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 982.
[12]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 986–87.
[13]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 991.
[14]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 993.
[15]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1012–14.
[16]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1017.
[17]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1018.
[18]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, pp 62–65.
[19]
Australian Government, Enhancing National Privacy Protection First
Stage Response to the Australian Law Reform Commission Report 108, For Your
Information: Australian Privacy Law and Practice, October 2009, p. 71.
[20]
Australian Institute of Credit Management, Submission 8, p. 4.
[21]
Office of the Victorian Privacy Commissioner, Submission 5,
p. 10.
[22]
Australian Government, Companion Guide, Australian Privacy Principles,
June 2010, pp 18–19.
[23]
Office of the Privacy Commissioner, Submission 39, p. 41.
[24]
Privacy NSW, Submission 29, p. 5.
[25]
Department of the Prime Minister and Cabinet, Answers to Questions on
Notice, p. 29.
[26]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 16.
[27]
Law Institute of Victoria, Submission 36, p. 8.
[28]
Dr Colin Bennett, Submission 11, p. 5.
[29]
Office of the Health Services Commissioner, Submission 26, p. 5.
[30]
Google Australia & New Zealand, Submission 16, p. 8.
[31]
Office of the Privacy Commissioner, Submission 39, p. 41.
[32]
Office of the Health Services Commissioner, Submission 26, p. 5.
[33]
Public Interest Advocacy Centre, Submission 32, Attachment A, p.
12.
[34]
Westpac, Submission 13, p. 3.
[35]
Office of the Privacy Commissioner, Submission 39, pp 40-41.
[36]
Office of the Privacy Commissioner, Submission 39, p. 9.
[37]
Office of the Health Services Commissioner, Submission 26, p. 5.
[38]
Australian Bankers' Association, Submission 15, p. 15.
[39]
Abacus Australian Mutuals, Submission 7, pp 2–3.
[40]
Office of the Privacy Commissioner, Submission 39, p. 40.
[41]
Law Institute of Victoria, Submission 36, p. 8.
[42]
Australian Government, Companion Guide, Australian Privacy Principles, June
2010, p. 14.
[43]
Law Institute of Victoria, Submission 36, p. 8.
Chapter 16 - Australian Privacy Principle 13–correction of personal information
[1]
Australian Government, Companion Guide, Australian Privacy
Principles, June 2010, pp 14–15.
[2]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 973–74.
[3]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 974–977.
[4]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 994.
[5]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 996.
[6]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 999.
[7]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1000.
[8]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1004.
[9]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1007.
[10]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, pp 1016–17.
[11]
Australian Government, Enhancing National Privacy Protection:
Australian Government First Stage Response to the Australian Law Reform
Commission Report 108, For Your Information: Australian Privacy Law and
Practice, October 2009, pp 69–70.
[12]
Australian Government, Enhancing National Privacy Protection, p.
71.
[13]
Australian Institute of Credit Management, Submission 8, p. 4; Office
of the Health Services Commissioner, Submission 26, p. 6.
[14]
Yahoo!7, Submission 20, p. 3.
[15]
Westpac, Submission 13, p. 3.
[16]
Office of the Health Services Commissioner, Submission 26, p. 6.
[17]
See also The Communications Council, Submission 23, p. 8.
[18]
National Australia Bank, Submission 2, pp 5–6.
[19]
Privacy Law Consulting, Submission 24, p. 9.
[20]
Coles Supermarkets Australia Pty Ltd, Submission 10, p. 4.
[21]
Australian Bankers' Association, Submission 15, p. 15.
[22]
The Financial Services, Submission 34, p. 4.
[23]
Office of the Privacy Commissioner, Submission 39, p. 42.
[24]
Office of the Information Commissioner, Queensland, Submission 18,
p. 6.
[25]
Office of the Privacy Commissioner, Submission 39, p. 42.
[26]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 29.
[27]
Coles Supermarkets Australia, Submission 10, p. 4.
[28]
The Communications Council, Submission 23, p. 8.
[29]
Law Council of Australia, Submission 31, p. 7.
[30]
Privacy Law Consulting, Submission 24, p. 9.
[31]
Financial Services Council, Submission 34, p. 4.
[32]
Qantas, Submission 38, p. 8.
[33]
Department of the Prime Minister and Cabinet, Answers to Questions on Notice,
p. 29.
[34]
Professor G Greenleaf & Mr N Waters, Submission 25, p. 16.
[35]
Law Institute of Victoria, Submission 36, p. 8.
[36]
Telstra Corporation Ltd, Submission 19, pp 4–5.
[37]
Law Institute of Victoria, Submission 36, p. 8.
[38]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 997.
[39]
Australian Law Reform Commission, For Your Information: Australian
Privacy Law and Practice, ALRC 108, 2008, p. 1004.
Chapter 17 - Committee conclusions
[1]
Professor Rosalind Croucher, President, ALRC, Committee Hansard,
25 November 2010, p. 1.
[2]
Professor Rosalind Croucher, President, ALRC, Committee Hansard,
25 November 2010, p. 1.
[3]
Office of the Privacy Commissioner, Submission 39, p. 5.
[4]
Professor Rosalind Croucher, President, ALRC, Committee Hansard,
25 November 2010, p. 5.
[5]
Ms Joan Sheedy, Department of the Prime Minister and Cabinet, Committee
Hansard, 25 November 2010, p. 13.