← VCE Data Analytics U4O2

Comparing the three privacy laws

The Privacy Act covers federal agencies and large private firms, the PDP Act covers Victorian public bodies, and the Health Records Act covers health information. Work out which apply.

Part of: VCE Data Analytics - U4O2 - Cyber Security: Data Security — Module 115

Understanding Comparing the three privacy laws in VCE Data Analytics U4O2

What it does: Victorian public sector bodies follow the Information Privacy Principles in the Privacy and Data Protection Act. The Privacy Act 1988 is Commonwealth law. The Health Records Act 2001 and the PDP Act 2014 are both Victorian laws. The Privacy Act mainly covers private organisations over $3 million turnover, plus some smaller ones such as health service providers. Size and type of organisation matter.

Common mistakes: A Victorian council is a state public sector body, so the Privacy and Data Protection Act 2014 (Vic) applies. The Commonwealth Privacy Act covers federal agencies and large private firms, so line 2 should be law ← "PDP Act 2014". A federal agency is covered by the Commonwealth Privacy Act 1988. The PDP Act 2014 only covers Victorian public sector bodies, so line 3 should be law ← "Privacy Act 1988".

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Learning
Duo
A Victorian local council collects residents' names and addresses for rates notices. Which law mainly covers this personal information?
Privacy Act 1988 (Cwlth)Privacy and Data Protection Act 2014 (Vic)
Matches
A Victorian council only has to follow the Privacy Act 1988 (Cwlth)
↓
Victorian public sector bodies like councils are covered by the Privacy and Data Protection Act 2014 (Vic), not the Commonwealth Privacy Act's APPs.
Applying
Meanings
Term
Which privacy law applies
Meaning
The Privacy Act covers federal agencies and large private firms, the PDP Act covers Victorian public bodies, and the Health Records Act covers health information. Work out which apply.
Practice
IF Victorian public body THEN
Testing
Gaps
law ← ""
Check Answer
Spots
1org ← "Vic council"
2law ← "Privacy Act 1988"

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Quick Questions

1. A Victorian local council collects residents' names and addresses for rates notices. Which law mainly covers this personal information?
A. Privacy and Data Protection Act 2014 (Vic) ✓
B. Privacy Act 1988 (Cwlth)
The PDP Act applies to Victorian public sector bodies such as councils and state departments. The Privacy Act covers federal agencies and large private organisations.
2. A national retail company with an annual turnover of $80 million collects customer data. Which law applies?
A. Privacy Act 1988 (Cwlth) ✓
B. Privacy and Data Protection Act 2014 (Vic)
The Privacy Act covers private organisations with an annual turnover over $3 million. The PDP Act is for Victorian public sector bodies, not private companies.
3. A private medical clinic in Melbourne stores patient records. Which Victorian law applies to that health information?
A. Health Records Act 2001 (Vic) ✓
B. Privacy and Data Protection Act 2014 (Vic)
The Health Records Act covers health information held by both public and private organisations in Victoria. The PDP Act covers non-health personal information held by the public sector.
4. Which law is a Commonwealth (federal) law?
A. Health Records Act 2001
B. Privacy Act 1988 ✓
The Privacy Act 1988 is Commonwealth law. The Health Records Act 2001 and the PDP Act 2014 are both Victorian laws.
5. A Victorian public hospital holds patient health records and staff contact details. What is the correct statement?
A. Only one law applies because the hospital is in Victoria
B. More than one law can apply, so the hospital must work out which ones cover each type of information ✓
The Health Records Act covers the health records, while the PDP Act can cover other personal information. Organisations must check which laws apply to them.

Match the Pairs

Privacy Act 1988 (Cwlth) → Federal law covering Australian Government agencies and private organisations with turnover over $3 million, plus some smaller ones such as health service providers
Privacy and Data Protection Act 2014 (Vic) → Victorian law covering the personal information held by Victorian public sector bodies such as state departments and councils
A Victorian public school must follow these principles when handling students' personal information → IPPs under the PDP Act 2014 (Vic)
A private clinic in Victoria must follow these principles when handling patient health information → HPPs under the Health Records Act 2001 (Vic)
A Victorian council only has to follow the Privacy Act 1988 (Cwlth) → Victorian public sector bodies like councils are covered by the Privacy and Data Protection Act 2014 (Vic), not the Commonwealth Privacy Act's APPs.
The Health Records Act 2001 (Vic) only applies to government-run hospitals → The Health Records Act covers health information held by both public and private organisations in Victoria, such as private clinics and gyms.

Key Term

Which privacy law applies
The Privacy Act covers federal agencies and large private firms, the PDP Act covers Victorian public bodies, and the Health Records Act covers health information. Work out which apply.

Fill in the Blanks

1. IF body = "Victorian council" THEN law ← "PDP Act"
Hint: Type the short name of the Victorian law that covers state public sector bodies.
2. IF info = "health record" THEN law ← "Health Records Act"
Hint: Type the name of the Victorian law that covers health information.
3. IF isPrivate AND turnover > 3000000 THEN law ← "Privacy Act"
Hint: Type the logical operator that needs both conditions to be true.
4. IF level = "Commonwealth" THEN law ← "Privacy Act" ELSE law ← "PDP Act"
Hint: Type the keyword that runs when the first condition is false.
5. IF body = "state hospital" THEN law1 ← "PDP Act" law2 ← "Health Records Act"
Hint: Type the Victorian law that applies because this body is part of the state public sector.

Spot the Error

Question 1
A org ← "Vic council"
B law ← "Privacy Act 1988"
C OUTPUT law
Line B — A Victorian council is a state public sector body, so the Privacy and Data Protection Act 2014 (Vic) applies. The Commonwealth Privacy Act covers federal agencies and large private firms, so line 2 should be law ← "PDP Act 2014".
Question 2
A org ← "Federal agency"
B level ← "Commonwealth"
C law ← "PDP Act 2014"
Line C — A federal agency is covered by the Commonwealth Privacy Act 1988. The PDP Act 2014 only covers Victorian public sector bodies, so line 3 should be law ← "Privacy Act 1988".
Question 3
A IF org is a Vic council
B law ← "Privacy Act 1988"
C END IF
Line A — The Privacy Act 1988 applies to Australian Government (federal) agencies, not Victorian councils. Line 1 should test for a federal agency to match the law chosen on line 2.
Question 4
A org ← "Vic private clinic"
B info ← "shop sales data"
C law ← "Health Records Act"
Line B — The Health Records Act 2001 (Vic) applies to health information, including when it is held by private organisations. Sales data is not health information, so line 2 should be info ← "patient health data".
Question 5
A org ← "Firm $500K turnover"
B limit ← "$3M turnover"
C law ← "Privacy Act 1988"
Line A — The Privacy Act generally covers private organisations with an annual turnover over $3 million. A firm with $500K turnover is below that limit, so line 1 should be a firm with $50M turnover for the law on line 3 to apply.

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