Provisions of Relevant Legislation

1. Part 2 Provisions of Relevant Legislation

2. Privacy Act and Principles of Privacy QUEENSLAND INTERNATINOAL BUSINESS ACADAMY

3. What is privacy?

4. What is privacy? • The word 'privacy' means different things to different people. Your idea of privacy is likely to be different from the ideas of your family and friends.

5. What is privacy? • The type of privacy covered by the Privacy Act and our Office is the protection of people's personal information • However, this is just one aspect of privacy. Other types of privacy can include territorial privacy and physical or bodily privacy and privacy of your communications.

6. Privacy and marketing • Issues with privacy involve in marketing relate a person's personal information. • This can include privacy issues associated with information about your identity, location, your health and body and your communications with others.

7. What is personal information? • Personal information is information that identifies you or could identify you. • Personal information can also include medical records, bank account details, photos, videos, and even information about what you like, your opinions and where you work - basically, any information where you are reasonably identifiable.

8. What is personal information? • Information does not have to include your name to be personal information. • For example, in some cases, your date of birth and post code may be enough to identify you.

9. Definition of Privacy "... information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."

10. What privacy is not • The protection of your personal information privacy is different to other related concepts such as: • confidentiality • secrecy • freedom of information. • However, there can be some cross-over.

11. What does the Privacy Act cover? • The Privacy Act regulates how your personal information is handled. • For example, it covers: • how your personal information is collected (e.g.the personal information you provide when you fill in a form) • how it is then used and disclosed • its accuracy • how securely it is kept • your general right to access that information.

12. How does the Privacy Act work? • The principles contained in the Privacy Act are not prescriptive. • They don't tell agencies and organisations what they must do in each situation. • They offer principles about the way in which personal information should be handled, and each agency or organisation needs to apply those principles to its own situation. • If an agency or organisation breaches the privacy principlesthey can be investigated for a breach of the Act

13. Who has rights under the Privacy Act? • Individuals have rights under the Privacy Act, which give them greater control over the way their personal information is handled.

14. Who has rights under the Privacy Act? • As an individual, the Act allows you to: • know why your personal information is being collected and how it will be used • ask for access to your records (including your health information) • stop receiving unwanted direct marketingmaterial • correct inaccurate information about you • ensure your information is only used for purposes you have been told about.

15. Who has responsibilities under the Privacy Act? • Australian and ACT government agencies and certain private sector organisations have responsibilities under the Privacy Act.

16. Information Privacy Principles - Summary

17. Information Privacy Principles - Summary

18. Information Privacy Principles - Summary

19. Federal and State legislation

20. Right to Information Act 2009 QUEENSLAND INTERNATINOAL BUSINESS ACADAMY

21. What is the Right to Information Act 2009? • From 1 July 2009, the Right to Information Act 2009 replaced the Freedom of Information Act 1992 • This is part of a broader “push” model of greater proactive and routine release of information.

22. Who does the Act apply to? • The FOI Act applies to Queensland Ministers, Queensland Government departments, local councils and most semi-government agencies and statutory authorities. It does not apply to documents held by the Commonwealth Government or by other State Governments.

23. What does the act do? • gives you a right to apply for access to documents held by government agencies • gives you a right to apply for amendment of personal information about you held by government agencies • requires government agencies to publish information about their structure, what they do and what documents they hold.

24. How does this relate to business and marketing? • The Right to information Act 2009 applies to government agencies and departments. • The Act is developed with best practice principles • There is a crossover between Privacy Principles and the right to access information that is held by others

25. Anti-Discrimination, EO, Equity and Diversity in Marketing QUEENSLAND INTERNATINOAL BUSINESS ACADAMY

26. Discrimination Can be Direct or Indirect • Direct discrimination is where someone is treated differently or unfairly because of their sex, race, age and so on. • Indirect discrimination is where everyone is treated the same, but the effect of treating everyone the same unreasonably disadvantages people from one racial, age and so on group rather than another

27. Discrimination • The law gives people the right to be treated fairly. • It can be illegal to treat people unfairly because of their: • sex, relationship or parental status • race • age • impairment • religious or political beliefs • union activities • gender identity • sexuality • lawful sex work • pregnancy • breastfeeding • family responsibilities

28. Discrimination when they are: • at work • in a shop, hotel or restaurant • in accommodation • using government services • at school TAFE or university • at the doctor or dentist

29. Discrimination • It can be illegal if someone behaves in a sexual way (in relation to you) that is unwelcome and offends you. This is sexual harassment and can happen anywhere any time. • It can be illegal to act in a public way that shows hatred for someone because of their race, religion, sexuality or gender identity. This is vilification. • It can be illegal to treat someone unfairly because they are involved in a complaint. This is victimisation.

30. Anti-Discrimination, EO, Equity and Diversity in Marketing • Under the Equal Opportunity Act (1984) it is unlawful to publish or display an advertisement that shows an intention to discriminate

31. What is advertising? • An Advertisement, as defined under the Act, includes every form of advertisement or notice, whether to the public or not. • This includes television, newspaper and radio advertisements, as well as circulars, catalogues, price lists and other promotional activities. • Online and electronic advertising also are covered.

32. How can it happen? • MESSAGES, IMAGES AND REPRESENTATIVES BEHAVIOUR • ADVERTISEMENTS FOR EMPLOYMENT, EDUCATION OR PRODUCT AND SERCVICES • CLUB ADVERTISEMENTS OR MEMBERSHIPS • COMPETITIONS • RESEARCH (INCLUSION OR EXCLUSION) • ACCESSABILITY TO INFORMATION – PRODUCTS AND SERVICES

33. So should we treat everyone the same? • Yes and no • Principles of equity don't mean that everyone is treated in the same way but rather in a fair and flexible way • Principles of diversity mean that we should value the many different social, economic, cultural and religious backgrounds of our workers, clients and customers