Check a collection notice against the collection-notification rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft notice and the collection form, list each APP 5 matter and mark it present, absent, or covered by a statement that the person is already aware of it. Leave blank whether taking no step is reasonable. The tool does not publish the notice.
- What the lawyer must review
- OAIC Chapter 5 says APP 5 requires an APP entity that collects personal information about an individual to take reasonable steps to notify the individual of certain matters, or to ensure the individual is aware of them. The steps are taken at or before the collection, or if that is not practicable, as soon as practicable afterwards. The requirement applies to personal information collected from the individual or from a third party, including unsolicited personal information that is not destroyed or de-identified. The matters are the identity and contact details of the entity, the fact and circumstances of collection where the information comes from a third party or the individual may not know it is being collected, the fact that the collection is required or authorised by an Australian law or a court or tribunal order if that is so and the name of that law or order, the purposes of collection, the main consequences if all or some of the information is not collected, the entities or kinds of entities to which information of that kind is usually disclosed, that the privacy policy explains access, correction and complaints, and whether a disclosure to an overseas recipient is likely and, if practicable, the countries. A usual disclosure is one that occurs regularly, under an arrangement, or that can be predicted. It does not include an exceptional disclosure such as a warrant. Routing information through an overseas server, or access by an overseas office of the same entity, is described on the page as a use and not a disclosure. It may be reasonable to take no step for some or all matters, and the entity must be able to justify that. The chapter gives examples, including that the individual is already aware, and a recurring collection about the same matter. A long gap, or a change in how the information is collected, may mean a fresh step is needed. Chapter B was not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the draft notice and the collection form, list each APP 5 matter and mark it present, absent, or covered by a statement that the person is already aware of it. Leave blank whether taking no step is reasonable. The tool does not publish the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the notice is given at or before collection, or record why that is not practicable and when it will be given.
- Include purposes, consequences, usual disclosures, access and correction, and complaints. Do not stop at the entity's name.
- State a likely overseas disclosure and the countries where practicable. Do not treat a server in transit as a disclosure on this chapter's examples.
- If a matter is omitted because the person is already aware, the lawyer records why. The tool does not publish the notice.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.