[Year 12 IT Apps] Privacy Outcome Question
Kevork Krozian
kevork at edulists.com.au
Fri Sep 21 18:56:04 EST 2012
Hi Damien,
There is some material about how the Privacy Act applies to commercial
electronic messages and spam
http://www.privacy.gov.au/faq/individuals/spam-3
Where the wording of the solution looks suspect is the section of the
suggested solution that states:
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
Specific reference to Email in 1988 ? I thoiught I got in early with my own
email address in 1994. The point is that distribution is unlawful without
the consent of the owner of the information if an organisation is bound by
the Privacy Act.
The $3 million threshold would exempt the salon from the Privacy Act as it
is a private business and not directly in the business of trading in
information.
I am not sure there is anything illegal here if:
1. Health information is not being handed over to another party
2. The recipients of emails are not being spammed
3. The salon is turning over less than $3 million annually.
4. The salon's business is not about trading in information as its
core business
Asking for a list of emails only would not be collecting health information
even if this is also held about the customer.
Addressing marketing material to :
Dear valued customer of Salon ABC does not suggest the email address can be
used to find a name or address or any other personal information about the
clients
What does zbc at optusnet.com.au divulge about an individual's personal data
except a mailbox for sending emails ?
So, is it still illegal to email an offer to these clients ?
I do agree with Mark that it is immoral/unethical without gettting the
client's permission but that is not what the question is asking.
Not an easy one and not a good question as it opens up too much ambiguity
for an exam type setting.
Kevork Krozian
Edulists Creator Administrator
www.edulists.com.au
tel: 0419 356 034
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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Telephone +61 3 9490 3848 Facsimile +61 3 9490 3490
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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
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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
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