[Year 12 IT Apps] Privacy Outcome Question

Fri Sep 21 10:18:15 EST 2012

Hi Damien.

Many exams and outcomes have trouble with who is subject to the Privacy
Act.  As you said, the org in the case study is not...
- a federal government department
- turning over more than $3m a year (an amount, BTW, that has not changed
in the past 10 or so years!)
- trading in personal information for profit
- holding health info on customers
- volunteering to be subject to the act

so it would not legally be bound by the Act (but as I tell my kids, even if
an org is not legally obliged to observe the NPPs, it has a moral
obligation to do The Right Thing.

And in the NPPs, there's no requirement to avoid using personal data for
direct marketing.
It *does* say you can't use collected data for a secondary purpose without
consent, which *is* relevant here.
Maybe the question was thinking of the Spam Act??

On 21 September 2012 09:53, ATKINSON-BUCK, Damien <
Damien.ATKINSON-BUCK at ivanhoe.com.au> wrote:

>  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
>
> *w:*
>
> http://myivanhoe.net
>
> *The Ridgeway Campus*
> PO Box 91 The Ridgeway
> Ivanhoe Victoria
> 3079 Australia
>
> [image: Description: Description: Description: Description:
> cid:image002.gif at 01CA7CC2.074C48E0] <http://myivanhoe.net/>
>
> [image: Description: Description: Description: Description:
> cid:image003.gif at 01CA7CC2.074C48E0] <http://myivanhoe.net/>
>
>
>
>
>
>
>
>
> Privacy, Virus and Copyright Warning
>
> The information contained in this electronic message (e-mail), and any
> files transmitted with it:
>
> * is intended for the named recipients only. If you have received this in
> error, please advise the sender and delete it and any copies immediately;
> * Any personal information in this email must be used in accordance with
> the Privacy Act 1988 and this always applies even if it has been sent to
> you in error.
> * represents the views of the sender and does not necessarily represent
> the views or formal advice of Ivanhoe Grammar School;
> * may be subject to Copyright, so no further use should be made of it
> without the author's permission.
>
> The School does not represent or warrant that the email or any files
> attached do not contain errors or are free from computer viruses or other
> defects nor does it accept responsibility for any loss or damage resulting
> directly or indirectly from the use of the email or any attached files.
>
> _______________________________________________
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>

-- 
Mark Kelly - kel at mckinnonsc.vic.edu.au
Manager of ICT, Reporting, IT Learning Area
McKinnon Secondary College
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