[Year 12 IT Apps] Privacy Outcome Question

[ATKINSON-BUCK, Damien]

Hi folks,
            I'm just going through one of the commercially produced outcomes and have a query that I hope someone out there could clarify for me. I've included below, the case study, the question and the suggested answer. In short, the suggested answer states that the privacy act 1988 has provisions prohibiting the use of personal data for direct marketing via email. I can't find this anywhere on the Privacy Commissioners website, Austlii or on a couple of the University Law Faculty pages. The scenario implies that the business wouldn't have a turnover greater than $3milliion, so the Privacy Act doesn't apply anyway. Am I missing something or is this a bogus question?
Thanks
Damien

Case Study
Ann's Place is a beauty salon that provides beauty therapies for women and men. Ann's place is
committed to providing quality and friendly service. Through word of mouth and local
advertising, the beauty salon has gradually grown and is now ready to expand. Ann intends to
open another beauty therapy salon in another suburb.
The business is situated in a shopping mall but a distance from the main shopping and car parking
area. The salon has a small reception area, which is often unattended, containing a small
computer, holding information about the clients, staff and services. This computer is also used
for all of Ann's Place daily transactions of therapies and product sales, client bookings, emails,
upcoming events, price lists and monthly newsletters.

Question
Recently Ann has been approached by her beauty product supplier for access to her list of clients
including their email addresses, so they can directly market her clients of their new products as
they are launched.
Advise Ann as to why, or why not, she should provide these details about her clients.


Solution
Ann should not provide details about her clients to the beauty product supplier or any third party.
The reason for this is due to the legislation of the Privacy Act 1988. This Act has provisions
specifically addressing the use of personal data for direct marketing via email, only with the
consent of the individual. In this case unless Ann's clients have given permission for their
personal information to be provided to a third party, Ann is unable to provide the supplier or any
other business with her clients' personal information.
Mark allocation:
* Statement that these details should not be provided to a third party (1 mark)
* Identification of the relevant act (1 mark)
* Explanation of what the act covers and why it is relevant to this scenario (2 marks)


Damien Atkinson-Buck
KLA Head - MYP Technology & SYP Info Tech
p:

+61 3 9490 3848

f:

+61 3 9490 3490


e:

damien.atkinson-buck at ivanhoe.com.au<mailto:damien.atkinson-buck at ivanhoe.com.au>

w:

http://myivanhoe.net<http://myivanhoe.net/>



The Ridgeway Campus
PO Box 91 The Ridgeway
Ivanhoe Victoria
3079 Australia


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