Gartner Research

Entities With Business in Australia Must Take Privacy Changes Seriously

Published: 20 December 2013

ID: G00255092

Analyst(s): Rob McMillan

Summary

New privacy legislation that changes the Australian privacy landscape comes into effect in 2014. Entities that have business in Australia now have greater expectations placed upon them, and they will be enforced. Entities must understand the new rules and ensure immediate compliance.

Table Of Contents
  • Impacts

Analysis

  • The Major Elements of the Act

Impacts and Recommendations

  • The threshold for minimum acceptable privacy practices in Australia has been raised, and a credible program is now essential for any entity that collects personal information from individuals who are physically in Australia, regardless of whether that entity has a physical presence in Australia or not
  • An entity's inability to quickly demonstrate a program of compliance to the act may result in a detailed investigation and significant penalty
  • The Privacy Act contains vague security requirements, which require interpretation within an entity's individual context
  • Entities that transfer information to an overseas third party must ensure that privacy practices are preserved, or potentially be held responsible for that third party

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