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Understanding the Power of Consent in Personal Data Collection

In our digitally dominated era, personal data serves as a precious asset for businesses. Its applications span from creating tailored advertising campaigns to bolstering fraud detection measures. Nevertheless, the acquisition and utilisation of this information ignite concerns surrounding privacy, security, and consent. In this blog post, we're exploring the pivotal role of consent in the personal data collection realm, focusing on regulations in Australia and Europe.

The Crucial Consent Principle

Consent is a fundamental element of privacy legislation, enabling individuals to retain control over their personal data. Both Australia and Europe mandate that businesses, under certain conditions, procure individuals' consent before gathering, utilising, or disclosing their personal data. Generally, individuals must be briefed on why their data is being acquired, who can access it, and its potential uses. Additionally, individuals should be free to withdraw their consent or opt-out at any point.

Australia's Privacy Act: An Overview

Australia's Privacy Act 1988 (Cth) regulates how organisations handle personal information. Organisations with an annual turnover exceeding AU$3M must present a privacy policy detailing their data collection, usage, and disclosure practices. The Act mandates that these organisations only acquire personal information necessary for their functions or activities. This includes current or proposed functions, and supportive activities like human resources and public relations. Organisations must also inform individuals when collecting their personal data and provide them with the right to access and rectify their stored personal data.

Europe's GDPR: A Comprehensive Framework

Europe's General Data Protection Regulation (GDPR), effective from May 2018, governs personal data processing by organisations. This regulation even extends to non-European organisations that collect data from individuals residing in Europe. Under the GDPR, organisations must seek explicit consent from individuals to collect their personal data and inform them about the data's intended use, types, and recipients. The GDPR further empowers individuals with the rights to access, rectify, and delete their personal data held by organisations. It also mandates that organisations report data breaches to the relevant supervisory authority within 72 hours.

Decoding Consent in Australia

Under Australia's Privacy Act, organisations must inform individuals about the data collection process either before or during the data collection. This notification could be via a call, a form, or a collection notice. This system facilitates implicit consent from the individual, even without explicit verbal or written affirmation.

However, explicit consent becomes crucial when collecting sensitive information unless an exception applies. Consent can also allow secondary usage or disclosure of personal data. Though express consent isn't necessary for non-sensitive personal data, the organisation must reasonably believe they have implied consent, stemming from the mandatory notification. Consent can also authorise direct marketing or international data disclosures under specific circumstances. Importantly, individuals reserve the right to withdraw consent at any time.

Navigating personal data collection and consent regulations can be a complex endeavour, especially when operating in multiple jurisdictions. However, understanding and respecting the power of consent can enhance user trust, leading to stronger customer relationships. As data privacy norms continue to evolve, keeping abreast of regulatory changes can help businesses maintain compliance and protect their valuable digital assets.

Contact us today to learn how we can assist you. To get in touch you can connect with us on (03) 8691 3111 or send us an email at hello@alliedlegal.com.au

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