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Insurance - PricewaterhouseCoopers

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5.7<br />

Use of personal<br />

information<br />

All private insurance companies and agents became subject to amendments to<br />

the Federal Privacy Act from 21 December 2001. The legislation governs collection<br />

and use of personal information by most private companies within Australia, via the<br />

application of the following 10 National Privacy Principles:<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

•<br />

collection<br />

anonymity<br />

use and disclosure<br />

data security<br />

data quality<br />

openness<br />

access and correction<br />

trans-border data flows<br />

identifiers and<br />

sensitive information.<br />

The legislation formalises many existing standards within the insurance industry,<br />

such as the General <strong>Insurance</strong> Information Principles.<br />

Small companies (with turnover of less than $3 million), political parties, government<br />

agencies and state and territory authorities are generally excluded from this<br />

legislation. However, federal public sector organisations are bound by the National<br />

Privacy Principles set out in the Privacy Act.<br />

Compliance with the privacy regulation is monitored by the Privacy Commissioner,<br />

who has the authority to impose penalties proportional to the seriousness of the<br />

breach. These include actions such as the pursuit of damages through the federal<br />

courts, financial compensation to the policyholder, cessation of activities which led<br />

to the breach and public naming of the offender with details of the breach published<br />

in the annual report.<br />

<strong>PricewaterhouseCoopers</strong> | 191<br />

Policyholder<br />

protection

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