Are Small Businesses Covered by the Privacy Act?

Share at:
AI Share Buttons - Mobile Logo Only
LinkedIn
X
Facebook
WhatsApp
Threads

The Privacy Act 1988 (Cth) (Privacy Act) contains the privacy principles that some business must comply with. The principles concern the consideration, collection, dealing, integrity, access to and correction of personal information. However, if your business is classified as a small business, it may not need to comply with the principles.

What Is a Small Business?

The Privacy Act defines a small business as a business with an annual turnover of less than $3,000,000 in the previous financial year. For small businesses that have not operated for a full financial year yet, you need to make a projection of your full year annual turnover based on your business’ income during that period. In this instance, annual turnover includes income from all sources, but does not include assets held, capital gains or proceeds of capital sales. Annual turnover does include the total of the:

  • proceeds from goods and services sales;
  • commission income;
  • repair and service income;
  • rent, leasing and hiring income;
  • government bounties and subsidies;
  • interest, royalties and dividends; and
  • other operating income.

A small business with an annual turnover of less than $3,000,000 will still have to comply with the Privacy Act if it is:

Review the Office of the Information Commissioner’s checklist, for further details about the types of small businesses that are subject to the Privacy Act.

How Your Small Business Can Comply With the Privacy Act.

If your small business falls under the scope of the Privacy Act, then it will need to comply with the Australian Privacy Principles (APPs) contained in the Act. Therefore, compliance with the principles includes:

  • implementing practices, procedures and systems to handle complaints;
  • taking reasonable steps in order to protect the personal information collected or stored;
  • giving individuals access to their personal information if requested;
  • correcting personal information if you become aware it is incorrect;
  • taking reasonable steps in order to ensure that personal information collected is accurate, complete and up to date;
  • only collecting personal information if it is essential for the function of your business;
  • deleting unsolicited personal information as soon as possible, if it is not essential for the functioning of your business;
  • not using or disclosing personal information for a purpose other than its intended purpose; and
  • Not collecting, using or disclosing personal information without the individual’s direct consent.

A privacy policy must be provided by a small business that has to comply with the Privacy Act, in order to cover all the requirements of the APP. For that reason, a privacy policy must outline the information you need to disclose to any individual whose personal information you intend to collect. Making a privacy policy available and requesting acknowledgement of it also ensures that you’ve received the individuals consent to use their information for the specified purpose.

Unsure where to start? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Share at:
AI Share Buttons - Mobile Logo Only
LinkedIn
X
Facebook
WhatsApp
Threads
You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

eBook

Download our eBook,
Hiring Your First Employee

Our eBook covers the necessary legal and financial considerations you should make when hiring your first employee.

You may also like

EasyCompanies has shut down, but your business is still safe. Learn what this closure means and how Lawpath can help you move forward.
This article will explore everything you need to know about the new right to disconnect laws and how they impact you.
This attempt to hold Kmart accountable for alleged links to Uyghur forced labour in supply chains sends ripples far beyond the retail giant's boardrooms. Small businesses should be aware of the impact of the modern slavery legal regime into every sector of our economy.