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Subject:
Queensland Privacy Act
Category: Relationships and Society > Law Asked by: kelvyn1-ga List Price: $10.00 |
Posted:
21 Apr 2005 15:36 PDT
Expires: 21 May 2005 15:36 PDT Question ID: 512441 |
I am a member of an organisation in Queensland, Australia. Previously we had access to the membership database to allow contact with each other. We have been advised that under the current Privacy Act we can no longer supply e-mail addresses. This doesn't seem to be logical if, as we are advised, we can still provide address, telephone number and fax number. Is our advice correct and is there any way round it? |
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There is no answer at this time. |
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Subject:
Re: Queensland Privacy Act
From: myoarin-ga on 21 Apr 2005 18:57 PDT |
Hi kelvyn, have you looked at the act? Seems to me that the Q'land Privacy Act applies to the gov't only: http://www.justice.qld.gov.au/dept/factsht29.htm This site - which I have not read through - may apply more to private organizations: http://www.privacy.gov.au/publications/npps01.html Here is the upstream link: http://www.privacy.gov.au/privacy_rights/laws/ Here is another site, the html version: http://216.239.59.104/search?q=cache:d_SZwNXwCRwJ:www.claytonutz.com/downloads/Privacy%2520Regimes%2520Operating%2520in%2520Australia.pdf+queensland+%22privacy+act%22&hl=de&client=firefox-a (That may be record length! Search yourself with queensland "privacy act") THis is no professional or legal advice (please read the disclaimer below), but as long as the individuals agree that their e-mail addresses are divulged to a group of persons that they accept, that doesn't breach a protection of privacy law. They agreed. Of course, the info could not them be passed on to anyone else. Maybe to protect your organisation, you should have the members send you and e-mail or snailmail confirmation that they agree to their e-mail address' being passed on to other members of the organization who also agree thereto with the proviso for all that the addresses may not be passed on to third parties. As long as no misused occurs, who can complain? But, maybe your inspection of the links will prove my assumption to be wrong. Good luck! |
Subject:
Re: Queensland Privacy Act
From: lubs-ga on 20 May 2005 05:24 PDT |
Kelvyn, Is the advice you have been given regarding the QLD privacy act or the Federal Privacy Act. I don't know anything about the Qeeensland Act but the Federal Act has recently been ammended (about a year and 1/2 ago i think) and elements of that Act apply to the private sector. The Commonwealth (ie Federal) Act is the Privacy Act 1988 (but as i said it's been ammended since 1988. see http://www.privacy.gov.au/act/ I have previously written memos on the Privacy Act for work but my memory of it is a bit fuzzy. But what you are saying doesn't really seem logical. The Act does impose limits on provision of peoples personal info- including contact info but there is no special distinction re email addresses as opposed to fax/phone/snailmail address. As myorin-ga says, if in doubt obtain signed consents from people as the whole basis of the legislation is not that you can't divulge particular info that's deemed "private" but that you need people's consent to do so. The Privacy Act includes National Privacy Principles (NPP's) that apply to private organisations- the website i listed previously talks about them and you can look at them by clicking through to http://www.privacy.gov.au/publications/npps01.html There are also advisory guidelines to the NPP's that advise how organisations can comply, you can download them at http://www.privacy.gov.au/act/guidelines/index.html#3.2 -look at the business ones the NPP's and guidelines are in plain language rather than legal jargon and they are quite helpful, the guidelines are particularly good at making sense of the NPP's. There is also an FAQ page- http://www.privacy.gov.au/faqs/index.html which might answer your questions hope this is helpful Cheers, Lubs |
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