Provide an APP 5 collection notice at or before collection

APP 5 requires notice of identity, purposes, recipients, consequences of not providing info, and where Privacy Policy lives.

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Who must comply

All APP entities collecting personal information.

What triggers it

Collecting personal information.

When due

At or before collection (or as soon as practicable thereafter).

Evidence required

Collection notices, signup flows, consent dashboards.

Max penalty

Same penalty regime as broader Privacy Act breaches (up to $50M / 30% turnover)

Summary

APP 5 requires APP entities to take reasonable steps to notify individuals (or otherwise make information available) when collecting personal information. Mandatory matters: entity identity, purpose of collection, kinds of recipients, that the Privacy Policy contains information about access/correction, and consequences of not providing the info.

Enforced by

Source legislation

Topics

privacyappcollection

Source: https://oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-5-app-5-notification-of-the-collection-of-personal-information. Rules Mate is not a law firm. Always verify against the live regulator source before acting.