[Year 12 IT Apps] Privacy Outcome Question

Fri Sep 21 11:31:34 EST 2012

Thanks Allan,
In the first point, wouldn't that then be covered by the health records act?
In the second point, is that only applicable if they trade in personal information...... this seems to be a grey area of the legislation - is it only applicable if the trading of personal information is their core business? Plus the case study doesn't say they will pay her for it.
Cheers
Damien

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

[Description: Description: Description: Description: cid:image002.jpg at 01CA7D93.5FFD22D0]<http://myivanhoe.net/>

PO BOX 91 The Ridgeway, Ivanhoe, Victoria 3079 Australia
Telephone +61 3 9490 3848 Facsimile +61 3 9490 3490
mailto:damien.atkinson-buck at ivanhoe.com.au
http://myivanhoe.net<http://myivanhoe.net/>

From: Allan Barnes [mailto:abarnes at aiet.com.au]
Sent: Friday, 21 September 2012 10:31 AM
To: 'Year 12 IT Applications Teachers' Mailing List'
Subject: Re: [Year 12 IT Apps] Privacy Outcome Question

I would disagree with this on two points.

Firstly, Beauty salons do hold health information on clients, such as contraindications, allergies, etc.
Secondly, it would provide someone else with a benefit, service or advantage i.e. the beauty product supplier will advantage from this by having access to the database and personal information of the clients.

Kind regards

Allan Barnes, CEO
Australian Institute of Education and Training
E-mail: abarnes at aiet.edu.au<mailto:abarnes at aiet.edu.au>
Ph: (03) 9387 2051
FAX: (03) 9387 3470

Street Address:
517 Victoria Street
Brunswick West 3055

Mailing address:
P.O. Box 171
Brunswick West 3055
(Brunswick West Post Office)

From: itapps-bounces at edulists.com.au [mailto:itapps-bounces at edulists.com.au] On Behalf Of Mark KELLY
Sent: Friday, 21 September 2012 10:18 AM
To: Year 12 IT Applications Teachers' Mailing List
Subject: Re: [Year 12 IT Apps] Privacy Outcome Question

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<mailto: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<tel:%2B61%203%209490%203848>

f:

+61 3 9490 3490<tel:%2B61%203%209490%203490>

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

[cid:image002.png at 01CD97EC.5A319F90][Description: Description: Description: Description: cid:image002.gif at 01CA7CC2.074C48E0]<http://myivanhoe.net/>

[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.

_______________________________________________
http://www.edulists.com.au - FAQ, resources, subscribe, unsubscribe
IT Applications Mailing List kindly supported by
http://www.vcaa.vic.edu.au/vce/studies/infotech/itapplications3-4.html - Victorian Curriculum and Assessment Authority <br>
http://www.vitta.org.au  - VITTA Victorian Information Technology Teachers Association Inc <br>
http://www.swinburne.edu.au/ict/schools - Swinburne University

--
Mark Kelly - kel at mckinnonsc.vic.edu.au<mailto:kel at mckinnonsc.vic.edu.au>
Manager of ICT, Reporting, IT Learning Area
McKinnon Secondary College
McKinnon Rd McKinnon 3204, Victoria, Australia
Phone: +613 8520 9085, Fax +613 9578 9253
VCE IT Lecture Notes: http://vceit.com
Moderator: IT Applications Edulist<http://edulists.com.au/itapps/index.htm>
Visit Diigo links for ITA<http://groups.diigo.com/group/vce-info-tech> and SD<http://groups.diigo.com/group/vce-sd>
--
My personal best for the 100 metres sprint is 50 metres.

Message protected by MailGuard: e-mail anti-virus, anti-spam and content filtering.
http://www.mailguard.com.au/mg

Report this message as spam<https://login.mailguard.com.au/report/1FAR3cxOgc/5CKr0b8QeRec8f4pT2FeIB/2.924>

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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.edulists.com.au/pipermail/itapps/attachments/20120921/8c5e5902/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 9302 bytes
Desc: image001.jpg
Url : http://www.edulists.com.au/pipermail/itapps/attachments/20120921/8c5e5902/image001-0001.jpg 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 230 bytes
Desc: image002.png
Url : http://www.edulists.com.au/pipermail/itapps/attachments/20120921/8c5e5902/image002-0001.png 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.gif
Type: image/gif
Size: 18304 bytes
Desc: image003.gif
Url : http://www.edulists.com.au/pipermail/itapps/attachments/20120921/8c5e5902/image003-0001.gif 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 36244 bytes
Desc: image004.gif
Url : http://www.edulists.com.au/pipermail/itapps/attachments/20120921/8c5e5902/image004-0001.gif 