Australian Capital Territory

The Australian Capital Territory, ACT has enacted a slightly amended version of the Federal Privacy Act. The Australian Capital Territory Government Services Consequential Provision Act 1994 92 (Cth) applies to Australian Capital Territory governmental agencies and is administered by the Privacy Commissioner on behalf of the ACT government.

ACT has also enacted a number of laws regulating the privacy of health information.

Privacy Act (1988)

The ACT has also enacted the Human Rights Act 2004 which incorporates a right for an individual not to have their privacy, family, home or correspondence interfered with unlawfully or arbitrarily.

The Federal Privacy Act in a slightly amended version applies to Australian Capital Territory government agencies and is administered by the Privacy Commissioner on behalf of the ACT government.

In 1992, the Australian Capital Territory enacted the Listening Devices Act, which applies to “listening devices” and the interception of “conversations.” There are a number of exceptions to this act, however, which allow parties with legitimate reasons to record private conversations.

In 2004, the Australian Capital Territory (“ACT”) became the first Australian jurisdiction to incorporate a bill of rights when it passed the Human Rights Act of 2004 (“HRA”). Section 12 provides that everyone has the right “not to have his or her privacy, family, home or correspondence interfered with unlawfully or arbitrarily.” HRA specifically incorporates international law and international human rights standards into local ACT law by requiring all ACT laws to be interpreted consistently with human rights “as far as possible.” It is likely that this new law will have an impact on all areas of privacy, including workplace monitoring. Pending further clarification, companies should follow the recommendations of the Australian Privacy Commissioner.

Law allows transfer if there is a reasonable belief that the data will be subject to a “law, binding scheme or contract” that “effectively” imposes fair processing obligations similar to those in the Australian Act.

Section 5B of the Federal Privacy Act.

National Privacy Principle 9.

The Privacy Act regulates handling of personal information in Australia and originating from Australia. Under Australian Law, specifically National Privacy Principle (NPP) 9, if an organization’s overseas activity is required by the law of a foreign country, then it does not interfere with the privacy of an individual under Australian Law.

An organization may transfer personal information overseas provided that one of the following conditions is satisfied:

1. The organization reasonably believes a law, binding scheme or contract applies at the destination which effectively delivers privacy standards substantially similar to the NPPs;
2. The individual consents to the transfer;
3. The transfer is for the benefit of the individual and it is impracticable to obtain consent, but it's likely consent would be given;
4. The transfer is required by a contract between the individual and the organization, or a contract between the organization and a third party in the interests of the individual; or
5. The organization has taken reasonable steps to ensure the information will not be held, used or disclosed by its recipient inconsistently with the National Privacy Principles.

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