The Act applies to "Organisations" (as defined in the Act). It does not apply to individuals unless they are acting for such an Organisation. -- Sent from my mobile device

That's a very misleading statement to make Warren when exactly the opposite to your statement is more accurate. The Privacy Act applies to EVERY individual, except where it specifies that it does not apply to an individual... Where it does not apply to an individual, the Act will specify in a schedule, when it does not apply to an individual. Further clarification can be found at:~~ Part II Section 6 Subsection (3A)(5) of the Privacy Act (1988) Detailed study of the Privacy Act can be undertaken here. http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/183B454E7401C036CA25754C00174BD6/$file/Privacy1988_WD02HYP.pdf Gay Fielding ----- Original Message ----- From: "Warren Ainsley" <wa65515@gmail.com> To: <aus-qld@rootsweb.com> Sent: Sunday, February 22, 2009 9:17 PM Subject: [AUS-QLD] Privacy Act > The Act applies to "Organisations" (as defined in the Act). It does > not apply to individuals unless they are acting for such an > Organisation. > > -- > Sent from my mobile device > > ------------------------------- > To unsubscribe from the list, please send an email to > AUS-QLD-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message > >

True, but one of the stated exceptions is: 16E Personal, family or household affairs Nothing in the National Privacy Principles applies to: (a) the collection, holding, use, disclosure or transfer of personal information by an individual; or (b) personal information held by an individual; only for the purposes of, or in connection with, his or her personal, family or household affairs. So a person engaging in the hobby of family history in a personal way (as most of us do) is not covered by the Privacy Act. We can collect, hold and give away information about other people *including* living people. Many of us feel that we should be more careful with disclosing information about living people, but there is no legal requirement to do so. You can see this clearly stated here: http://www.privacy.gov.au/publications/IS12_01.html which is rather more readable than the legislation itself. Also see here for a specific discussion of people researching their family history: http://www.privacy.gov.au/faqs/ypr/q21.html However, if a person is engaged in family history as a professional genealogist (or perhaps in some role of a family history society), then they probably should check whether they are subject to the Privacy Act when operating in that capacity. http://www.privacy.gov.au/FAQs/sbf/q9.html Finally, there was a review a year or so ago into the Privacy Act, which contains some interesting discussion of a number of issues and gives some indication of where the legislation might be going in the future. You can read the whole thing here (if you are keen): http://www.austlii.edu.au/au/other/alrc/publications/reports/108/ Or you jump straight to the issue in question here (whether or not individuals acting in a personal capacity should be subject to the Privacy Act), including wrt family history (which rates a mention): http://www.austlii.edu.au/au/other/alrc/publications/reports/108/11.html#Hea ding26 Aside. Some states (e.g. Queensland) have specific legislation in relation to photography and the privacy issues associated with it. Again, popular opinion is that the legislation provides individuals with a lot more privacy rights than it actually does. Many of the situations in which people are told they cannot take photographs (e.g. of a children's sporting event) aren't actually covered by legislation (well, not in Qld anyway). If you are interested, the main restrictions in Qld relate to photography in bedrooms, bathrooms, changing rooms (and the other places that people may be *reasonably* expected to be undressed) and to covert photography of the genital area (so-called "up-skirt" photography). But there is no restriction of just about any outdoor photography or in indoor situations where people would normally be expected to be dressed (e.g. a classroom, a kitchen, etc). Kerry -----Original Message----- From: aus-qld-bounces@rootsweb.com [mailto:aus-qld-bounces@rootsweb.com] On Behalf Of Gay Fielding Sent: Sunday, 22 February 2009 10:43 PM To: aus-qld@rootsweb.com Subject: Re: [AUS-QLD] Privacy Act That's a very misleading statement to make Warren when exactly the opposite to your statement is more accurate. The Privacy Act applies to EVERY individual, except where it specifies that it does not apply to an individual... Where it does not apply to an individual, the Act will specify in a schedule, when it does not apply to an individual. Further clarification can be found at:~~ Part II Section 6 Subsection (3A)(5) of the Privacy Act (1988) Detailed study of the Privacy Act can be undertaken here. http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/183B454E74 01C036CA25754C00174BD6/$file/Privacy1988_WD02HYP.pdf Gay Fielding ----- Original Message ----- From: "Warren Ainsley" <wa65515@gmail.com> To: <aus-qld@rootsweb.com> Sent: Sunday, February 22, 2009 9:17 PM Subject: [AUS-QLD] Privacy Act > The Act applies to "Organisations" (as defined in the Act). It does > not apply to individuals unless they are acting for such an > Organisation. > > -- > Sent from my mobile device > > ------------------------------- > To unsubscribe from the list, please send an email to > AUS-QLD-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > ------------------------------- To unsubscribe from the list, please send an email to AUS-QLD-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message