The Commonwealth Government?s 13 proposed Australian Privacy Principles (APP), to be included within a new Privacy Act 1988 (Cth), and will replace the Information Privacy Principles (the IPP, which govern the Commonwealth public sector) and National Privacy Principles (or the NPP, which govern private sector conduct). The Cabinet Secretary responsible for drafting the new laws, Joe Ludwig, has stated that the individual?s privilege to privacy is a ?fundamental human privilege that must be taken care of?. To this end, the current legislation will be amended with the following targets in mind:
The two current sets of principles (the IPP and NPP) will be replaced by a single, streamlined and harmonised set of commitments that draw on the current principles; That the Principles should depict a balanced range of standards to handle potential risk of damage from unacceptable sharing and treating of an individual?s private information; To ensure that the criteria also consider an individual?s realistic targets around the treating of their information; and To make sure that the regulations strike a balance involving the Public?s and the individual?s interest in useful, valuable service delivery and public safety.
Then again, website terms and conditions are often not the very first thing you look at when browsing a website, logically most people never look at a website?s terms and conditions unless confronted by a dialogue box needing their acceptance. However getting a page of terms and conditions as well as a privacy policy is significant to the successful functionality of your website or online business. In 2009 the ACCC began a crackdown on the websites of internet retailers who ?simply ?cut and paste? information from other sites on warranties and refunds without looking at that the details are correct?, to quote the ACCC chairman Graeme Samuel. The ACCC properly pursued the large online retailer DealsDirect over warranty terms on their goods that have been in breach of the Trade Practices Act 1974 (Cth). The company was instructed to tweak its website terms and conditions relative to a court order.
While issues with the previous Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), are confined to websites selling goods or services, every website will need terms and conditions as other laws will influence them. For instance you might like to reduce the methods people can use your website?s content; this will simply be enforceable if your terms and conditions abide by the normal and statutory laws of contract, and the Copyright Act 1968 (Cth). Here are several areas to think about when drafting website terms and conditions: What does your website provide? Every website is different and will therefore need a unique set of terms and conditions. Websites can usually be separated into the categories of supplying information, product and/or service sales, and those allowing user generated content. It is necessary to sort out what it is your website is providing and draft your terms and conditions appropriately.
For instance an online site allowing consumers to acquire products and/or services is going to take terms about distribution, warranties, a returns policy, and to ensure such terms and conditions do not offend the provisions of the Competition and Consumer Act 2010 (Cth). Websites allowing user generated content needs terms detailing who carries responsibility for the content, and procedures for dealing with unpleasant content. Any website will also need to clarify the conditions upon which people can use website content and features, and to determine what uses of original content are allowed under the Copyright Act 1968 (Cth). One size won?t fit all, and simply copying and pasting the terms and conditions of another website to your own means you are left with a policy that does not match your website?s content and operations ? a difficulty that may have legal implications like it did for DealsDirect.
Complete your website?s Online Privacy Policy originally. Inveiss will help you with Online Privacy Policy processes.. Unique version for reprint here: Legal Process To Undergo Privacy Policy In Australia.
Source: http://legalarticledirectory.com/2012/02/legal-process-to-undergo-privacy-policy-in-australia/
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