Australia’s Privacy Act 1988 (Cth) Advisory Services

Privacy Act Compliance Services

Applicability and Gap Assessment

VeraSafe’s AI compliance services empower organizations to harness AI’s potential while staying fully aligned with evolving regulations. We can perform assessments to determine which AI laws and standards apply to your specific operations and provide strategic guidance on compliance requirements. We cover a wide range of international regulations, including the EU’s AI Act, California’s Automated Decision-Making Transparency (ADMT) Regulations, and China’s Generative AI measures, among others. With our support, organizations can unlock AI’s full potential responsibly.

Data Mapping

Although the Privacy Act does not require data mapping, it is an essential aspect of any privacy compliance program. We can review how your organization collects, stores, uses, and discloses personal data to support compliance with the APPs. This assessment helps ensure secure data processing practices and helps reinforce organizational accountability in line with legal requirements. Data mapping is also an essential component of any privacy impact assessment that must be conducted under the Privacy Act.

Privacy Policy and Collection Statement Review

VeraSafe can review and update your organization’s privacy policy and collection statements to ensure alignment with the requirements of the APPs. We assess whether your policies and statements clearly explain matters such as what personal information is collected, how it is used or disclosed, the reasons for collection, and any disclosures outside Australia. Our team helps craft concise, transparent, and accessible notices that meet OAIC expectations and foster trust with individuals. Whether you need a policy drafted from scratch or a compliance refresh, we ensure your documentation reflects current practices and legal obligations.

Data Subject Rights Management

VeraSafe can help your organization implement procedures for managing data subject requests (DSRs), ensuring that all requests are processed promptly and in compliance with legal timelines. We guide you in creating workflows for data subject access, rectification, and erasure requests, as well as handling complaints about information processing.

Direct Marketing Assessment

VeraSafe can assess your organization’s direct marketing practices to ensure compliance with the Direct Marketing principle. This principle governs the use of personal data for marketing, restricting such use unless consent is obtained or specific exemptions apply. We help refine your processes to ensure that opt-out mechanisms are properly implemented and that your organization is adhering to required privacy standards.

Cross-Border Data Transfer Compliance

The Privacy Act regulates the transfer of personal information outside Australia. VeraSafe can support your organization in meeting these unique requirements and implementing safeguards in line with the obligations set out under the Act.

Security and Breach Response Planning

The Privacy Act requires organizations to take reasonable steps to protect personal information from misuse, interference, loss, and unauthorized access or disclosure. We assist in enhancing your security measures in line with the Security of Personal Information principle. This includes developing tailored breach response plans that ensure incidents are managed promptly and transparently.

Consent Management and Notice Requirements

The Privacy Act highlights the need for clear and informed consent for the collection and use of personal data. VeraSafe can help design consent frameworks that align with the Privacy Act’s requirements. This includes preparing clear privacy notices and ensuring individuals are properly informed about how their data will be used.

Employee Training and Awareness Programs

A strong compliance program requires an informed workforce. VeraSafe offers tailored training programs to educate employees on the Privacy Act’s requirements and best practices for data protection.

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Contact VeraSafe to discuss a customized Privacy Act compliance strategy for your organization.

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FAQs

What are the Australian Privacy Principles (APPs)?

The Australian Privacy Principles (APPs) are a set of 13 principles that form the cornerstone of the privacy protection framework in the Privacy Act 1988. The APPs apply to any organization or agency covered by the Privacy Act. This includes Australian Government agencies and organizations with an annual turnover of more than $3 million, as well as some other organizations.

Which small businesses are subject to the Privacy Act?

Most small businesses with an annual turnover of $3 million or less are exempt from the Privacy Act. However, there are important exceptions. A small business must comply if it provides health services, trades in personal information, is a contractor for the Australian Government, or is related to a larger business that is covered by the Privacy Act. It is essential to assess your business activities to determine whether the Privacy Act applies.

What are the consequences of non-compliance with the Privacy Act?

For serious or repeated interferences with privacy, the Federal Court may impose significant fines. A body corporate may be liable for the greater of AU$50 million, three times the value of any benefit obtained through the misuse of information, or 30 percent of the company’s adjusted turnover during the relevant period. In addition, amendments to the Privacy Act introduced new mid-tier and low-tier penalties, and established a statutory tort enabling individuals to seek compensation for invasions of privacy under certain circumstances.

Matthew Joseph

CIPP/E, CIPP/US, CIPM, FIP

Managing Director

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Jim Cormier

CIPP/E, CIPM, FIP

Senior Vice President and Head of Professional Services