Friday, August 13, 2010

telecom really needs to be across the privacy act

telecom really needs to be across the privacy act i wonder how many laws/rules they have broken  i will let you know later
in doing so they have by their arrogance and dishonesty brought telecom into disrepute and should be sacked

have a read of some of the act


PRIVACY ACT 1993 I






Principle I



Purpose of collection of personal information



Personal information shall not be collected by any agency unless —



(a) the information is collected for a lawful purpose connected with a function or activity of the agency; and

(b) the collection of the information is necessary for that purpose.





Principle 2



Source of personal information



(1) Where an agency collects personal information, the agency shall collect the information directly from the individual concerned.

(2) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable ground,-

(a) That the information is publicly available information; or

(b) That the individual concerned authorizes collection of the information from

Someone else; or

(c) That non-compliance would not prejudice the interests of the individual concerned; or

(d) That non-compliance is necessary -

(i) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii) For the enforcement of a law imposing a pecuniary penalty; or

(iii) For the protection of the public revenue; or

(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(e) That compliance would prejudice the purposes of the collection; or

(1) That compliance is not reasonably practicable in the circumstances of the particular case; or

(g) That the information -

(i) will not be used in a form in which the individual concerned is identified; or

(ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

(h) that the collection of the information is in accordance with an authority granted under section 54. C 22243/A2241 59



4



Principle 3



Collection of information from su~çt



(1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -

(a) the fact that the information is being collected; and

(b) the purpose for which the information is being collected; and

(c) the intended recipients of the information; and

(d) the name and address of -

(I) the agency that is collecting the information; and

(ii) the agency that will hold the information; and

(e) if the collection of the information is authorised or required by or under law -(i) the particular law by or under which the collection of the information is so

authorised or required; and

(ii) whether or not the supply of the information by that individual is voluntary

or mandatory; and

(f) the consequences (if any) for that individual if all or any part of the requested

information is not provided; and

(g) the rights of access to, and correction of, personal information provided by these

principles.

(2) The steps referred to in subclause (1) of this principle shall be taken before the

information is collected or, if that is not practicable, as soon as practicable after the

information is collected.

(3) An agency is not required to take the steps referred to in subclause (1) in relation to

the collection of information from an individual if that agency has taken those steps in

relation to the collection from that individual, of the same information or information of

the same kind, on a recent previous occasion.

(4) It is not necessary for an agency to comply with subclause (1) if the agency believes,

on reasonable grounds -

(a) that non-compliance is authorised by the individual concerned; or

(b) that non-compliance would not prejudice the interests of the individual

concerned; or

(c) the non-compliance is necessary -

(I) to avoid prejudice to the maintenance of the Jaw by any public sector

agency, including the prevention, detection, investigation, prosecution, and

punishment of offences; or

(ii) for the enforcement of a law imposing a pecuniary penalty; or

(iii) for the protection of the public revenue; or

(iv) for the conduct of proceedings before any court or tribunal (being

proceedings that have been Commenced or are reasonably in

contemplation); or

(d) that compliance would prejudice the purposes of the collection; or

(e) that compliance is not reasonably practicable in the circumstances of the

particular case; or

(f) that the information -

(i) will not be used in a form in which the individual concerned is identified; or

(ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual Concerned

Principle 4



Manner of collection of personal information



Personal information shall not be collected by an agency -

(a) by unlawful means; or

(b) by means that, in the circumstances of the case -

(i) are unfair; or

(ii) intrude to an unreasonable extent upon the personal affairs of the individual concerned.



Principle 6



Access to personal information



(1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled —

(a) to obtain from the agency confirmation of whether or not the agency holds such personal information; and

(b) to have access to that information.

(2) Where, in accordance with subclause (1 )(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.

(3) The application of this principle is subject to the provisions of Parts 4 and 5.



Section 66(1)(b) of the Privacy Act

Summary



This section states that an action is an interference with the privacy of an individual if the action breaches an information privacy principle and that action:



• Has caused loss, detriment, damage, or injury to that individual, or may do so; or

• Has adversely affected the rights, benefits, privileges, obligations, or interests of that individual, or may do so; or

• Has resulted in significant humiliation, significant loss of dignity or significant injury to the feelings of that individual, or may do so.



































C/22243/A2241 59

No comments:

Post a Comment