Privacy and Personal Data
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
Australian Federal Law
What is this right?
The Privacy Act 1988 and the 13 Australian Privacy Principles (APPs) govern how organisations handle your personal information:
- Who it covers: Australian Government agencies, private sector organisations with annual turnover over $3 million, and all health service providers, regardless of size. Some small businesses are also covered if they trade in personal information or provide services under a Commonwealth contract.
- Right to know (APP 1 & 5): Organisations must tell you what information they collect, why, and who they share it with through a clear privacy policy.
- Right to access and correct (APP 12 & 13): You can request access to your personal information and ask for corrections if it is wrong.
- Data breach notification: Since February 2018, organisations must notify you and the Office of the Australian Information Commissioner (OAIC) about data breaches that are likely to result in serious harm.
- Penalties: Serious or repeated privacy breaches carry penalties of up to $50 million, three times the benefit obtained, or 30% of adjusted domestic turnover (whichever is greatest).
When does it apply?
- An organisation covered by the Privacy Act collects, uses, or discloses your personal information.
- You want to access or correct personal information an organisation holds about you.
- You believe an organisation has breached your privacy or failed to notify you of a data breach.
- Note: employee records held by a current or former employer are generally exempt from the APPs (except for government agencies).
What should you do?
- Check the organisation’s privacy policy to understand how they handle your data.
- To access or correct your data, make a written request to the organisation. They must respond within 30 days.
- If you believe your privacy has been breached, complain to the organisation first. If unresolved after 30 days, lodge a complaint with the OAIC at oaic.gov.au.
- If you receive a data breach notification, follow the recommended steps to protect yourself (change passwords, monitor accounts).
What should you NOT do?
- Don’t assume every business is covered — most small businesses (under $3 million turnover) are exempt unless they handle health information or meet other criteria.
- Don’t ignore data breach notifications — act quickly to protect your accounts and identity.
- Don’t confuse privacy with defamation — the Privacy Act protects your data, not your reputation.
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