A business or NFP is “trading” in Personal Information if it collects from or discloses to someone else, an individual’s Personal Information for a benefit, service or advantage.
A benefit, service or advantage can be any kind of financial payment, concession, subsidy or some other advantage or service.
For example: Buying a mailing list without first getting the consent of all the individuals on that list, or disclosing customer details to someone else for some commercial (monetary or otherwise) gain.
If you trade in Personal Information you will have to comply with the Australian Privacy Principles in the Privacy Act.
Complying with the Privacy Act does not prevent you from collecting Personal Information for your business needs, but it does mean you must follow the rules about how to handle that information.
If you are unsure whether you are using Personal Information to sell advertising, you should seek Independent Legal Advice.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.