[Year 12 IT Apps] itapps Digest, Vol 91, Issue 31

Fri Sep 21 10:06:46 EST 2012

One of the Privacy Principles relates to Use & Disclosure - The organisation must disclose to the user what the data collected would be used for

So they would need to tell the user that they may sell their details to a third party when the data is initially collected

But only, as you mentioned, if the organisation turned over more than $3 million

Anthony  Sullivan
Head of Information Technology
The Peninsula School

T: 03 9788 7796 | F: 03 9787 7646 | Wooralla Drive, Mt. Eliza, Vic, 3930 | asullivan at tps.vic.edu.au | www.tps.vic.edu.au

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Today's Topics:

   1. Privacy Outcome Question (ATKINSON-BUCK, Damien)

----------------------------------------------------------------------

Message: 1
Date: Thu, 20 Sep 2012 23:53:24 +0000
From: "ATKINSON-BUCK, Damien" <Damien.ATKINSON-BUCK at ivanhoe.com.au>
Subject: [Year 12 IT Apps] Privacy Outcome Question
To: "Year 12 IT Applications Teachers' Mailing List"
        <itapps at edulists.com.au>
Message-ID:
        <3E17F75B626F994B87071361E4FD0D748B0736C1 at MICKEY-MBX.igs.vic.edu.au>
Content-Type: text/plain; charset="us-ascii"

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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[Description: Description: Description: Description: cid:image003.gif at 01CA7CC2.074C48E0]<http://myivanhoe.net/>

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