Information Privacy Principle in Australia
Introduction
The advent of technology and several other technological innovations and advancement has resulted in both positive and negative impacts. The Privacy Impact Assessment is a systematic tool that is used to assess the impact and the threat of a new project on the personal information of a person. The Privacy Impact is tasked with setting out the standards and regulations in managing the flow of personal information and that minimize the threat. Generally, the custodian of the individual’s information is the government established and the state. However, there can be to access personal information for the good of the owner to facilitate the activities that will be of benefit. Hence, there is dire need to set the procedures and the regulations to be followed in the event of accessing the personal information of a person. The Australian as a country has its data protection laws and regulations that are well stipulated and spell out to everyone. Therefore, the most common stipulated regulation on privacy in Australia is the Information Privacy Principle that was adapted from section 14 in the Commonwealth Privacy Act of 1988.
Nevertheless, the Privacy Impact Assessment can also be defined as a distinct analysis of the flow in the personal information assessing all the risk and impact. The primary role is mapping out the personal information flow in a new project. Nevertheless, Australia in the recent past has received about one billion immigrants in the recent past that were working in Australia. And, it was estimated that in a single day there was about 300,000 visa application to Australia across the globe. Subsequently, the government was concern about improving the service delivery to the immigrants and monitor the nature of their activity in Australia. Therefore, the collaboration between the two departments of Home Affairs and the Australia Taxation office coined a program known as Temporary Skilled Visa Data Matching Program. Data matching is a rigorous process that entails getting data together from different avenues and sources and comparing it with the idea of getting a match in the data. The data application can be applied in the department that mostly interlinked. For instance, obtaining records from different departments and comparing a common independent variance like tax payment. The paper will discuss the program coined by these two departments about Privacy Impact Assessment application in the program.
Temporary Skilled Visa Data Matching Program
Temporary Skilled Visa Data Matching Program aimed at the identification of the non-compliance in tax among the visa holding sponsors populations. The program will enable the provision of data to ATO about some clients that are in the temporary skilled visa program. The main role of ATO will be the identification of the person’s records that matches the provided information. The provided information from the Home Affairs department includes details such as information about their business. Ostensibly, the primary role of the program is the protection of foreigners working in Australia from the malicious exploitation that might be posed to them by the business sponsors, and promoting compliance with the among the visa holding population with the requirements of the country. In other words, the program will also assist in the identification of those sponsors breaching the obligations set upon them that guide the payment of temporary skilled visa holding.
The data matching will involve the two paramount channel, where the information will flow through a systematic order. The ATO will be the first channel and the primary user channel as the only two legal parties involved in the program. The data provided about the visa holders and the sponsors will include the biographic information and information details involving the business sponsor. The biographical details will include, then date of birth, name, and address. However, there may need to provide the numbers of the tax file of the required clients to the Australian Taxation Office. Conversely, the appropriate clients are those that have completed the three financial years in Australia, and the other subclass such as the holders of the temporary work permit. The required client’s identity match is supposed to be highly confidential. Subsequently, the ATO will be tasked with providing information about the income details obtained from the payroll and the task details. The data matching will be very helpful in the identification of the scenario where the income of a client at the ATO is less that whatever was approved by their respective sponsor. Under such a scenario, it would be an obstruction of the sponsorship regulations. The ATO may also show a circumstance where the visa holder was receiving the payment from several employers, such would be declared the obstruction of the stipulation that guides the visa requirements.
The data in this program will be secured and of high quality. Nevertheless, the ATO will be tasked with keeping the data of all the visa application and the sponsorship application. The encryption of the data will be performed through a means of internet-based systems in the event of data exchange. The transfer of data will be done in a standardized form and validated for requirement purposes. The data access will be controlled through a special feature of login and password. However, when the data received is not used within three months it will be destroyed. The process of obtaining the data will be rigorous and involving the stipulated mechanism. Subsequently, the individual that will provide a piece of personal information will be notified through the government gazette where the program details will be published. ATO will also receive a copy of the gazette notice and tasked with notifying the clients about the program. The ATO website will also update the information about the system.
Legally, the program will comply with the Privacy Act of 1988 and another document that are relevant in the event information sharing. The Australian Privacy Principle permits the ATO to have the numbers of the tax file both from the former and the current holders of the visa. However, since the clients are foreigners the immigration laws and regulation will be applicable based on the existing statues. Precisely, the other criteria will be of collecting and gathering information that will be discussed and their presumptive outcome. The ATO may decide to obtain the information directly from the visa holders. Inversely, the method that was questioned for the visa holders may be tempted to provide false fraudulent information about their income will compromise the whole data matching process. The other exhausted source was getting information from the institutions like the banks even though credibility might be questionable since some information may be incomplete.
The trial was conducted in 2017 with a sampled record of about 500 recorded that report as success in match rate. However, a full system trial was performed later which returned showed a higher match rate with the identification of a few technical issues. The program will numerous benefits that exceed the limitations. The data-matching program will enhance the service that is offered at the temporary skilled data program through the accurate identity of the visa holder. The visa owners and the sponsors will have an awareness of the obligation that is expected of them in the stay
Conducting a Privacy Impact Assessment on the Program.
Purpose and manner of Collection
Collecting information following a legal purpose
The program will comply with the Privacy Act of 1988 and another document that are relevant in the event information sharing. The Australian Privacy Principle permits the ATO to have the numbers of the tax file both from the former and the current holders of the visa. However, since the clients are foreigners the immigration laws and regulation will be applicable based on the existing statues. The information that was disclosed followed the strict principles of APP6.2 which permits the disclosure of information about an individual in the reasonable event that was necessary for the activity conducted by the body.
Information collected relating to the purpose
The ATO will be tasked with providing information about the income details obtained from the payroll and the task details. The data matching will be very helpful in the identification of the scenario where the income of a client at the ATO is less that whatever was approved by their respective sponsor.
Collecting information through an affair and legal means
Collecting information from a personal concern, the program will comply with the Privacy Act of 1988 and another document that are relevant in the event information sharing. The Australian Privacy Principle permits the ATO to have the numbers of the tax file both from the former and the current holders of the visa. However, since the clients are foreigners the immigration laws and regulation will be applicable based on the existing statues. Precisely, the other criteria will be of collecting and gathering information will be discussed and their presumptive outcome
Getting personal information from individual concern
The information will be obtained from the Department of Home affairs hence the personal concern is not applicable here
Steps were taken to inform individuals about the program
The individual that will provide personal information will be notified through the government gazette where the program details will be published. ATO will also receive a copy of the gazette notice and tasked with notifying the clients about the program. The ATO website will also update the information about the system.
The collection as required by the law
The ATO will do collection as explained above which followed the legal procedure
Advising individuals about disclosure
The program has not stipulated how the individuals will be advised about the disclosing the information
Seeking the consent of individuals
The ATO will gazette and make it public about the program informing the people about the program even though they will not seek the consent of the clients. The ATO will follow and apply the legal proceedings that are put in place in the event of getting personal information. The individual that will provide personal information will be notified through the government gazette where the program details will be published. ATO will also receive a copy of the gazette notice and tasked with notifying the clients about the program. The ATO website will also update the information about the system.
Conclusion
The ATO will conduct the program following the relevant and stipulated statues that are in the legislation on Privacy. Conversely, the informational flow will be evaluated according to the Information Privacy Principle of the 1988 Act. The government departments and agencies in Australia are required to follow the procedure outlined in APPs when handling the personal information of a person. The primary role of the Impact Privacy Assessment is mapping out the personal information flow in a new project. Temporary Skilled Visa Data Matching Program aimed at the identification of the non-compliance in tax among the visa holding sponsors populations. The program will enable the provision of data to ATO about some clients that are in the temporary skilled visa program. The main role of ATO will be the identification of the person’s records that matches the provided information. The Impact Privacy Assessment conducted on the program showed that the required procedures were followed and there was no obstruction of the guideline.
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