Can I Request Online Information Without A Privacy Policy?

Table of Contents

Share at:

What is a Privacy Policy?

A privacy policy is a legal document that clearly sets out how your business collects, manages and stores personal information. You can create your own privacy policy for your business using LawPath. 

Personal Information

Personal information is used to identify, or “reasonably identify”, an individual. For example addresses, email addresses, telephone numbers or credit card numbers are types of information that can be collected directly to verify a person’s identity. 

On the other hand, many websites also indirectly collect personal information using “cookies”. Cookies are small text files that collect information about a user’s web browsing behaviour. The use of cookies allows businesses to tailor sales and marketing content to your preferences.

Does my business need a Privacy Policy?

All Australian Privacy Principle (APP) entities must have a privacy policy.

Moreover, the Privacy Act 1988 defines an APP entity is an agency (government body) or an organisation. An organisation can be any of the following which have an annual turnover of $3 million or more:

  • Individual/sole trader; or a
  • Body corporate; or a
  • Partnership; or a
  • Unincorporated association; or a
  • Trust.

“Small Business” exemptions

However, if you are a small businesses that earns less than $3 million each year you do not need to have a privacy policy. 

Unless, you…

  • Own another business that has >$3 million annual turnover; or you
  • Collect or disclose personal information to others; you are a
  • Health service provider; or a
  • Commonwealth contracted service provider; or a 
  • Credit reporting body.

Connect with a LawPath Privacy Lawyer to find out whether these exemptions apply to your business.

Conclusion

In conclusion, you are required to have a privacy policy if your business has an annual turnover over $3 million and collect personal information from your customers. Personal information can be collected directly or indirectly and it is important to tell your customers exactly (i) what you are collecting and (ii) what you plan to do with it. Even if your business is not required by law to have a privacy policy, it is best practice to have one in place. This will help build a level of trust with your customers and give them peace of mind.

Unsure where to start? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

A Guide to NES: The 11 Employment Entitlements

Understanding an employers obligations under NES is extremely important. Read on for more about NES: The 11 Employment Entitlements.

What’s the Difference Between Redundancy and Severance Pay?

Upon termination employees are often entitled to different forms of compensation. Here we discuss two of them - redundancy and severance pay.

Contractor Versus Subcontractor: What’s the Difference? (2026 Update)

As a business owner, it's likely you'll have to hire a contractor and subcontractor at some point. Read this guide to find out what they are.

Garden Leave: Advantages and Disadvantages

Wondering if you should have a garden leave clause in your employment contract? Check out the advantages and disadvantages of garden leave.

What is Long Service Leave in Western Australia?

Long Service Leave in Western Australia may have different requirements to other Australian jurisdictions.

What Is Long Service Leave in New South Wales?

Long service leave entitlements vary depending on which state you work in. Learn more about entitlements to long service leave (NSW) here.