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Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009 [2010]

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Keeping Jobs from Going Offshore (Protection of Personal Information) Act 2009 .

2   Commencement

                   This Act commences on the day after it receives the Royal Assent.

3   Objects

                   The objects of this Act are:

                     (a)  to ensure that personal information held by businesses in Australia is not transferred overseas without the informed consent of the individual to whom the information relates; and

                     (b)  to protect employment in Australia by reducing the outsourcing of customer service and call centre jobs overseas.

4   Interpretation of this Act

             (1)  In this Act:

interference with the privacy of an individual has the meaning given by the Privacy Act, affected by section 13 of this Act.

mandatory industry code has the meaning given by the Trade Practices Act, affected by section 15 of this Act.

organisation has the meaning given by section 6C of the Privacy Act.

personal information has the meaning given by section 6 of the Privacy Act, affected by subsection (2).

Privacy Act means the Privacy Act 1988 .

Privacy Law includes:

                     (a)  the Privacy Act;

                     (b)  the Information Privacy Principles and National Privacy Principles set out in that Act;

                     (c)  any approved privacy code, Code of Conduct or industry standard agreed, made or authorised under that Act;

     (d)        any guidelines or regulations made under that Act. telecommunications network has the meaning given by section 7 of the Telecommunications Act 1997 .

telemarketing call has the meaning given by section 5 of the Do Not Call Register Act 2006 .

Trade Practices Act means the Trade Practices Act 1974 .

Trade Practices Law includes:

                     (a)  the Trade Practices Act;

                     (b)  any industry code made or authorised under that Act;

                     (c)  any guidelines made under that Act;

                     (d)  any regulations made under that Act.

transfer , in relation to personal information, means communicate, send, trade or republish that information by any means whatsoever, including by transmitting the information over a telecommunications network from a source located in Australia or an external Territory so that it can be accessed by a person in a foreign location.

voice call has the meaning given by section 4 of the Do Not Call Register Act 2006 .

             (2)  Personal information held by an organisation in relation to an individual includes, but is not restricted to:

                     (a)  personal identifiers, including:

                              (i)  any name by which the individual is or has been known, including any family name;

                             (ii)  date of birth;

                            (iii)  mother’s maiden name;

                     (b)  secondary identifiers, including:

                              (i)  street address, postal address or post-office box number;

                             (ii)  phone number;

                            (iii)  e-mail address;

                            (iv)  driver’s licence number;

                             (v)  tax file number;

                            (vi)  medicare number;

                     (c)  any identifying information allocated by an organisation, or by any third party, including any customer identification number or code;

                     (d)  financial information, including:

                              (i)  credit card details;

                             (ii)  bank account details;

                            (iii)  details of any financial transaction;

                     (e)  medical records;

                      (f)  passwords;

                     (g)  any information relating to any business transaction between the individual and the organisation or any third party.

             (3)  Unless the contrary intention appears, any other term used in this Act which is defined in the Privacy Act 1988 has the meaning given in that Act.