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Comprehensive Guide to PRIVACY LAW - PRIVATE SECTOR Table of Contents
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PART I - INFORMATION PRIVACY
PRIVACY ACT 1988 (CTH) Coverage National Privacy Principles Summary of NPPs Annotated NPPs Special Provisions Sensitive Information Health Information Credit Reporting Tax File Numbers Direct Marketing Approved Privacy Codes Investigations Enforcement Miscellaneous Practical Issues Implementing Policies & Procedures to Comply With NPPs Developing a Privacy Statement (Step-By-Step Guide) Information & Consents to Provide & Collect at Collection Contractors Agents Obtaining Consent Minors and Young People Changes in Business Circumstances Sale of Business Monitoring Use of Workplace Computers, E-mail & Internet E-commerce & the Internet Website & email Online services & practices Digital Document Storage RFID Tags Job Applicants, Recruitment & Pre-employment Checks Medical History Taking Changes in Health Service Providers by Individual Genetic Information Industry Specific Issues Health Superannuation Direct marketing Financial Services Airlines Petroleum Insurance Media Education Sporting Clubs Credit Reporting
HEALTH RECORDS A.C.T. - Health Records (Privacy and Access) Act 1997 Coverage of Act Privacy Principles Obtaining Health Information & Health Status Reports Right of Access Complaints & Requests to Review Investigations Miscellaneous N.S.W. - Health Records and Information Privacy Act 2002 Coverage of Act Health Privacy Principles Retention of Information by Health Service Providers Access Amending Information Complaints Inquiries & Investigations by Commissioner Inquiries by Tribunal Office of Privacy Commissioner Health Privacy Codes of Practice Miscellaneous Vic. - Health Records Act 2001 Coverage of Act Right of Access Responding to Request for Access Enforcement Complaints Miscellaneous Health Privacy Principles Practical Issues Compliance Policies & Procedures Checklist Developing a Privacy Statement Information & Consents to Provide & Collect at Time of Collection Securing Information Inconsistent Statutes Genetic Information Capacity Minors & Young People Electronic Health Records National Health Privacy Code Frequently Asked Questions
OTHER SOURCES Health Information Credit Reporting Qld. - Invasion of Privacy Act 1971 S.A. - Fair Trading Act 1987 Vic. - Credit Reporting Act 1978 Confidential Information Spent Convictions Cth. - Crimes Act 1914 N.S.W. - Criminal Records Act 1991 Crimes Act 1900 N.T. - Criminal Records (Spent Convictions) Act 1992 Qld. - Criminal Law (Rehabilitation of Offenders) Act 1986 W.A. - Spent Convictions Act 1988 Telecommunications - Telecommunications Act 1997 (Cth) Industry Codes Industry Standards Direct Legislative Provisions Miscellaneous Spam Act 2003 Codes of Practice Direct Marketing Door-to-door sales Telemarketing Codes of conduct Financial Products Disclosures by Airlines, Shippers and Travel Agents Fair Reporting in Trade and Commerce Birth, Death and Marriage Registers Adoption Information Private Sector Privacy Complaints - N.S.W. Employment & Industrial Relations Commonwealth legislation - Workplace Relations Act 1996 State Legislation - employee records Tax File Numbers Spent Convictions Credit Reference Reports Tenancy Databases Privacy Impact Assessments (PIAs) Step-by-step guide to conducting a PIA International Privacy Directives, Guidelines & Standards OECD European Union APEC UNESCO International security standards Company Registers Constitutional Freedom of Political Association & Privacy
PART II - PRIVACY OF COMMUNICATIONS
Listening Devices Cth. - Telecommunications (Interceptions) Act 1979 A.C.T. - Listening Devices Act 1992 N.S.W. - Listening Devices Act 1984 N.T. - Surveillance Devices Act 2000 Qld. - Invasion of Privacy Act 1971 S.A. - Listening and Surveillance Devices Act 1972 Tas. - Listening Devices Act 1991 Vic. - Surveillance Devices Act 1999 W.A. - Surveillance Devices Act 1998 Miscellaneous Aged Care Supported Residential Facilities & Nursing Homes Health Service Privacy Complaints Mental Health Victims of Crime Employment & Industrial Relations Practical Issues Participant Monitoring
PART III - PRIVACY FROM SURVEILLANCE
Surveillance Devices N.S.W. - Workplace Surveillance Act 2005 Taxi Security Cameras N.T. - Surveillance Devices Act 2000 Vic . - Surveillance Devices Act 1999 Taxi Security Cameras W.A. - Surveillance Devices Act 1998 Miscellaneous Privacy Act 1988 (Cth) Aged Care Supported Residential Facilities & Nursing Homes Health Service Privacy Complaints Mental Health Employment & Industrial Relations Employers must exercise powers reasonably Workplace computer and internet usage policies Criminal Laws & Indecent Surveillance Practical Issues Video surveillance compliance issues RFID Tags
PART IV - PRIVACY OF THE BODY
Statutory & Common Law Sources Employment & Industrial Relations Drug testing DNA testing Lie detectors Aged Care Supported Residential Facilities & Nursing Homes Health Service Privacy Complaints Mental Health Practical Issues Employment & Industrial Relations Development of drug & alcohol testing policies
PART V - PRIVACY OF SPACE
Statutory & Common Law Sources Residential Tenancy Agreements Employment & Industrial Relations Control of conduct outside of working hours Bag, parcel and locker searches Retirement Villages Aged Care Supported Residential Facilities & Nursing Homes Health Service Privacy Complaints Mental Health Privacy at Common Law Developments towards tort of invasion of privacy Australia England New Zealand Tort of invasion of privacy in QLD - Grosse v Purvis Facts of case Elements of action Defences Scope of action Impact of decision Practical Issues Workplace Searches of Bags, Desks, Parcels, Lockers etc. Developing a policy
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