LGM Advisors assists clients with their data sovereignty questions. Data sovereignty is relevant to businesses which are required to maintain confidentiality of personal data.

The Australian Privacy Principles (or APPs) are the cornerstone of the privacy protection framework in the Privacy Act 1988 (Privacy Act). They apply to any organisation or agency the Privacy Act covers.

There are 13 Australian Privacy Principles and they govern standards, rights and obligations around:

* the collection, use and disclosure of personal information
* an organisation or agency’s governance and accountability
* integrity and correction of personal information
* the rights of individuals to access their personal information

Data may include information such as personal information, health records, credit card details and financial records.

The APPs address the management of personal information, collection of personal information as well as cross-border disclosure of personal information.

Before an APP entity discloses personal information to an overseas recipient, the entity must take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information. An APP entity that discloses personal information to an overseas recipient is accountable for any acts or practices of the overseas recipient in relation to the information that would breach the APPs.

The framework generally requires an APP entity to ensure that an overseas recipient will handle an individual’s personal information in accordance with the APPs, and makes the APP entity accountable if the overseas recipient mishandles the information. This reflects a central object of the Privacy Act, of facilitating the free flow of information across national borders while ensuring that the privacy of individuals is respected.

To speak to member of our Melbourne team about cross border disclosure, the APPs and how they may apply to your organisation, contact us on +61 3 9832 0608 or alternatively by email at info@lgmadvisors.com.au.