Comparing the three privacy laws

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Comparing the three privacy laws

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Quick Questions

Shade in the A or B circle for each question.

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)
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)
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)
4. Which law is a Commonwealth (federal) law?
A Health Records Act 2001
B Privacy Act 1988
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

Match the Pairs

Draw a line connecting each item on the left to its match on the right.

Left columnRight column
1Privacy Act 1988 (Cwlth) AIPPs under the PDP Act 2014 (Vic)
2Privacy and Data Protection Act 2014 (Vic) BThe Health Records Act covers health information held by both public and private organisations in Victoria, such as private clinics and gyms.
3A Victorian public school must follow these principles when handling students' personal information CFederal law covering Australian Government agencies and private organisations with turnover over $3 million, plus some smaller ones such as health service providers
4A private clinic in Victoria must follow these principles when handling patient health information DHPPs under the Health Records Act 2001 (Vic)
5A Victorian council only has to follow the Privacy Act 1988 (Cwlth) EVictorian public sector bodies like councils are covered by the Privacy and Data Protection Act 2014 (Vic), not the Commonwealth Privacy Act's APPs.
6The Health Records Act 2001 (Vic) only applies to government-run hospitals FVictorian law covering the personal information held by Victorian public sector bodies such as state departments and councils

Definitions

Which privacy law applies

Fill in the Blanks

Complete each line of code by filling in the missing parts.

1.
IF body = "Victorian council" THEN law ← "_______"
2.
IF info = "health record" THEN law ← "__________________"
3.
IF isPrivate ___ turnover > 3000000 THEN law ← "Privacy Act"
4.
IF level = "Commonwealth" THEN law ← "Privacy Act" ____ law ← "PDP Act"
5.
IF body = "state hospital" THEN law1 ← "_______" law2 ← "Health Records Act"

Spot the Error

Shade in the letter of the line that contains an error.

Question 1
A org ← "Vic council"
B law ← "Privacy Act 1988"
C OUTPUT law
Question 2
A org ← "Federal agency"
B level ← "Commonwealth"
C law ← "PDP Act 2014"
Question 3
A IF org is a Vic council
B law ← "Privacy Act 1988"
C END IF
Question 4
A org ← "Vic private clinic"
B info ← "shop sales data"
C law ← "Health Records Act"
Question 5
A org ← "Firm $500K turnover"
B limit ← "$3M turnover"
C law ← "Privacy Act 1988"

Answer Key

Comparing the three privacy laws
Section A: Quick Questions
Q1
A — Privacy and Data Protection Act 2014 (Vic)
Q2
A — Privacy Act 1988 (Cwlth)
Q3
A — Health Records Act 2001 (Vic)
Q4
B — Privacy Act 1988
Q5
B — More than one law can apply, so the hospital must work out which ones cover each type of information
Section B: Match the Pairs
Q1
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
Q2
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
Q3
A Victorian public school must follow these principles when handling students' personal information → IPPs under the PDP Act 2014 (Vic)
Q4
A private clinic in Victoria must follow these principles when handling patient health information → HPPs under the Health Records Act 2001 (Vic)
Q5
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.
Q6
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.
Section C: Definitions
Q1
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.
Section D: Fill in the Blanks
Q1
IF body = "Victorian council" THEN law ← "PDP Act"
Q2
IF info = "health record" THEN law ← "Health Records Act"
Q3
IF isPrivate AND turnover > 3000000 THEN law ← "Privacy Act"
Q4
IF level = "Commonwealth" THEN law ← "Privacy Act" ELSE law ← "PDP Act"
Q5
IF body = "state hospital" THEN law1 ← "PDP Act" law2 ← "Health Records Act"
Section E: Spot the Error
Q1
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".
Q2
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".
Q3
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.
Q4
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".
Q5
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.