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Regulations › Rest of world › Australia

Privacy Act (AU)

Privacy Act 1988 (Australia)

In force privacy
WhenIn effect since 1 January 1989
Who enforces itOffice of the Australian Information Commissioner
Who it applies toMost organizations with annual turnover above AU$3 million, and some smaller ones.
Tell the regulatorAssess suspected breaches within 30 days DPO requiredNot required for organizations RegistrationNo registration of organizations Transfers abroadTake reasonable steps so overseas recipients comply with APPs Request deadlineAgencies 30 days Maximum fineBody corporate: greater of AUD 50 million, 3x the benefit, or 30% of adjusted turnover for ser…
90%

of Australia's 21 requirements are already met by European Union (GDPR). Here is what Privacy Act (AU) adds, biggest gaps first.

RetentionGovernanceGap
GDPR1 Storage limitation: keep identifiable data no longer than necessary; erase when no longer needed.
Privacy Act (AU) adds2 Destroy or de-identify personal information once no longer needed for any permitted purpose. APP 11.2 · source ↗
LocalizationTransfersGap
GDPR– Not addressed
Privacy Act (AU) adds1 Sectoral only, e.g. My Health Record data must stay in Australia. My Health Records Act 2012 s.77 · source ↗

Already covered by GDPR: Reach abroad, Lawful basis, Consent, Sensitive data, Children, Rights, Request deadline, Marketing, DPO required, DPO qualifications, Registration, DPIA, Records, Tell the regulator, Tell people, Transfers abroad, Maximum fine, Criminal liability, Private action.

A gap means Privacy Act (AU) is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.

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