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Homework Question - Functional Difference Between the Australian Privacy Principles?

Discussion in 'Australian Law School Homework Questions' started by Yacob, 10 May 2016.

  1. Yacob

    Yacob Member

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    As the heading said, I am confused about the difference between the Australian Privacy Principles 10 and 13?

    On the Australian Government website, the key points for APP 10 states:
    "An APP entity must take reasonable steps to ensure that the personal information it uses and discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant."

    And the key points for APP 13 states:

    "APP 13 requires an APP entity to take reasonable steps to correct personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading."


    What is the functional difference?

    Thanks in advance for any replies or answers.
     
  2. Rod

    Rod Well-Known Member

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    The Privacy Act 1988 (Cth) is a bit like a toothless tiger. The information commissioner gets to take civil action and any penalties go to the government, not the person/s affected.

    Schedule 1—Australian Privacy Principles lists the two APP you are referring to, and the title is the clue as to their respective purposes:

    APP s 10 Australian Privacy Principle 10—quality of personal information
    APP s 13 Australian Privacy Principle 13—correction of personal information

    APP 10 is about the company/agency holding information having sound processes to ensure their data on you is accurate.
    APP 13 is about them fixing the data when requested by you.

    While it is not all that useful when you can't sue them under this act I suppose it gives weight to a civil claim where if you do suffer losses due to their inaccurate data and refusal to correct it then you can point to this contraventions of this act to bolster your claim.
     
  3. Yacob

    Yacob Member

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    Thank-you Rod :) , you have cleared that up well!

    I believe my third-party textbook had muddied the waters by over simplifying the APPs, making them seem nigh indistinguishable.

    Thanks again
     

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