PRIVACY ACT 1988

PART II - INTERPRETATION  

Division 3 - Other matters  

SECTION 7B   EXEMPT ACTS AND EXEMPT PRACTICES OF ORGANISATIONS  

7B(1)   Individuals in non-business capacity.  

An act done, or practice engaged in, by an organisation that is an individual is exempt for the purposes of paragraph 7(1)(ee) if the act is done, or the practice is engaged in, other than in the course of a business carried on by the individual.

Note: See also section 16 which provides that the Australian Privacy Principles do not apply for the purposes of, or in connection with, an individual's personal, family or household affairs.

7B(2)   Organisation acting under Commonwealth contract.  

An act done, or practice engaged in, by an organisation is exempt for the purposes of paragraph 7(1)(ee) if:


(a) the organisation is a contracted service provider for a Commonwealth contract (whether or not the organisation is a party to the contract); and


(b) the organisation would be a small business operator if it were not a contracted service provider for a Commonwealth contract; and


(c) the act is done, or the practice is engaged in, otherwise than for the purposes of meeting (directly or indirectly) an obligation under a Commonwealth contract for which the organisation is the contracted service provider.

Note:

This puts the organisation in the same position as a small business operator as far as its activities that are not for the purposes of a Commonwealth contract are concerned, so the organisation need not comply with the Australian Privacy Principles, or a registered APP code that binds the organisation, in relation to those activities.

7B(3)   Employee records.  

An act done, or practice engaged in, by an organisation that is or was an employer of an individual, is exempt for the purposes of paragraph 7(1)(ee) if the act or practice is directly related to:


(a) a current or former employment relationship between the employer and the individual; and


(b) an employee record held by the organisation and relating to the individual.

7B(4)   Journalism.  

An act done, or practice engaged in, by a media organisation is exempt for the purposes of paragraph 7(1)(ee) if the act is done, or the practice is engaged in:


(a) by the organisation in the course of journalism; and


(b) at a time when the organisation is publicly committed to observe standards that:


(i) deal with privacy in the context of the activities of a media organisation (whether or not the standards also deal with other matters); and

(ii) have been published in writing by the organisation or a person or body representing a class of media organisations.

7B(5)   Organisation acting under State contract.  

An act done, or practice engaged in, by an organisation is exempt for the purposes of paragraph 7(1)(ee) if:


(a) the organisation is a contracted service provider for a State contract (whether or not the organisation is a party to the contract); and


(b) the act is done, or the practice is engaged in for the purposes of meeting (directly or indirectly) an obligation under the contract.




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