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Hi !FirstName,
Under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 it is a requirement that any organisation that 'discloses personal information about another individual to anyone else for a benefit, service or advantage' must maintain a Privacy Policy.
The new Act comes into effect on the 12th March 2014.
If you have not yet acted on this requirement it is strongly recommended that you seek independent legal advice in respect to putting a Privacy Policy in place for your business as soon as possible.
In determining that a Real Estate Agency falls under the umbrella of the new legislation the following points were considered:
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APP means Australian Privacy Principals
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'An APP entity is an agency or organisation' (refer s6(1) of the new Act)
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'An organisation is an individual, body corporate, partnership, any other unincorporated association or trust that is not a small business operator' (refer 6C of the current Act (Privacy Act 1988))
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Under the new Act a business is NOT a small business if the business 'discloses personal information about another individual to anyone else for a benefit, service or advantage' (refer s6D(4)(c) of the current Act - s6D defines a Small Business Operator)
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'APP entities must comply with Australian Privacy Principals' (refer s15 of the new Act (Privacy Amendment (Enhancing Privacy Protection) Act 2012))
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An APP entity must have an up-to-date Privacy Policy (refer APP 1.3 of the new Act - also, APP 1.4 outlines the minimum requirements of a Privacy Policy)
Click Here to View Relevant Extracts from the Acts
Click Here to View the Privacy Act 1988
Click here to View the Privacy Amendment (Enhancing Privacy Protection) Act 2012
ADL will be updating the Privacy Statements on all agreements (eg. Agency Agreements, Sales Contracts, Tenancy Agreements, Tenancy Applications, etc.) in all States to comply with the new legislation.
We will also be updating our own Privacy Policy to comply with the new Australian Privacy Principals.
Click Here to View ADL's Updated Privacy Policy
Click on the link below to:
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