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The Privacy Act 1988 (Cth) and the National Privacy Principles regulate the ways in which businesses can deal with personal information. While the Privacy Commissioner currently has limited powers in relation to enforcing the National Privacy Principles, and ensuring whether breaches are harmless, businesses should not underestimate the reputational power of negative media reporting where the Commissioner has undertaken own-motion investigations or investigated individual complaints against businesses.
Australian businesses should consider undertaking a privacy impact assessment for each new service or product that uses significant personal information as a way of managing risk and testing compliance.
