Privacy and the Internet

Businesses handling personal information are encouraged to develop codes of practice using the Privacy Commissioner’s National Principles as the benchmark.

Before approving a privacy code, the Privacy Commissioner will have to be satisfied that it provides at least the same level of protection as the National Principles.

Organisations will also be required to make public their policy on privacy. In practice this will mean all websites will have to include a clearly identified Privacy Statement.

Businesses which deal in information these days frequently operate across national boundaries. The legislation has been drafted to ensure that, as far as practicable and appropriate, it will operate effectively in the global environment.

Australian businesses dealing with information about Australians, for example, will be subject to the legislation wherever they carry on business and wherever the information is collected or stored. Foreign businesses which collect or store information about Australians in Australia will also be subject to the legislation, even where that information is moved overseas.

Finally, where information is handed from one business to another across national boundaries, the safeguards in the national privacy principles will apply.

The privacy provisions of the Internet Industry Association code of practice are already modelled on these principles. The Association has adopted the principles because they represent best industry practice.

Smart businesses are already moving on these issues because they realise that good privacy practice is good business.

The Government expects the Privacy Bill will increase public confidence in doing business online and, in doing so, will also position Australian business globally to take full advantage of e-commerce opportunities.

The Privacy Bill represents a balance that has been struck between encouraging IT interests and protecting the right to privacy. The Government is confident the balance that has been achieved is the right one.