[Year 12 IT Apps] Privacy Outcome Question

Fri Sep 21 12:08:16 EST 2012

Hi Damien

I imagine the first point would be covered by both Acts - the NPP exempts
businesses from the NPP as long as the information passed on to third
parties does not include health information - as a Beauty salon would have
health information then the NPP would not exempt them, although it may then
depend on the information passed on to them.

Second point - I guess it depends on what you say personal information is,
but assuming the information passed on would include contact details, name,
contraindications, beauty services they have received at the salon etc., I
would take this to be personal. I am not aware of any stipulation it has to
be core business or not, plus the holder of the information does not have to
receive any compensation for passing the information on - just because it is
provided for free does not mean that it can be done without regard to the
NPP's.

This is my interpretation from talking to our lawyer about this when we were
approached by a third party to provide them with a database of clients, so I
am relying on correct information from my lawyer (and correctly interpreting
what he told me), so I am happy to admit I am wrong if that is the case.

Kind regards

Allan Barnes, CEO

Australian Institute of Education and Training

E-mail: 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 ATKINSON-BUCK, Damien
Sent: Friday, 21 September 2012 11:32 AM
To: Year 12 IT Applications Teachers' Mailing List
Subject: Re: [Year 12 IT Apps] Privacy Outcome Question

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

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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

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> 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:

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Ivanhoe Victoria
3079 Australia

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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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