COMMONWEALTH GOV. AGENCY OR ORGANISATION PROTECTION OF IDENTITIES The Privacy Act does not over-ride specific legal obligations relating to use or disclosure of personal information. "Law" includes Commonwealth, State and Territory Legislation, as well as common law. If we are required by law to use or disclose personal information we have no choice and must do so. In accordance with the Act, if an organisation is authorised by law to use or disclose personal information it means the organisation can decide whether to do so or not. The authority is there but the organisation can ultimately use its discretion accordingly.
NON-DISCLOSURE OF PERSONAL DETAILS WHEN LAWFUL & PRACTICABLE According to the Act, ABC System’s is allowed to use or disclose personal information where we reasonably believe this is convincingly necessary for a range of functions or activities carried out by, or on behalf of, an enforcement body. Unless the law prohibits it, we must make a written note of such a use or disclosure.
TRANSBORDER DATA FLOW MEETS LEGISLATIVE REQUIREMENTS National Privacy Principles prevent an organisation from disclosing personal information to someone in a foreign country that is not subject to a comparable information privacy scheme, except where it has an individual's consent or some other circumstances including where:
Transfer is for the benefit of an individual and an organisation can show grounds for a belief that if it were practical to obtain consent and the individual would be likely to give it.
The transfer is necessary for the conclusion or performance of a contract concluded in the interests of the individual between the organisation and a third party.
NPP does not prevent transfers of data from within the organisation in Australia to another part of the same organisation offshore. An example of this would be if data was submitted via our Australian server and we transfer this information to our storage-server in ABC System’s New York office for storage and manipulation.
DATA COLLECTION IS CONSENSUAL AND WITHIN RELEVANT GUIDELINES We will not store any of your personal information without advising you and will strictly act in accordance with the Commonwealth Privacy Act guidelines.