KK17-18: Key Legislation and Ethical Issues Impacting Emerging Technologies

Question 1

What level of government is responsible for which laws?

Answer 1

• The Federal Government is responsible for creating legislation (federal laws) that apply to all individuals and organizations in Australia.
• State Parliaments are responsible for creating legislation (state laws) that apply to individuals and organizations within their assigned state (eg. VIC, NSW).
• Local Councils create by-laws (local laws) that apply within their assigned local council area.

Question 2

What are the 4 acts of parliament that have an effect on emerging technologies?

Answer 2

The 4 acts relevant to emerging technologies:
- Copyright Act 1968
- Privacy Act 1988
- Health Records Act 2001
- Privacy and Data Protection Act 2014

Question 3

Explain the ‘Copyright Act 1968’ and what organizations are affected by it

Answer 3

The Copyright Act 1968 is a federal law (applies to all of Australia) containing conditions and rules related to copyright. It explains how any original work is automatically applied and free once it’s in a tangible format (not an idea), and it gives the owner of said work the right to control who uses the original work, and how.

Question 4

Explain the ‘Privacy Act 1988’ and what types of organizations are affected by it

Answer 4

The Privacy Act 1988 is a federal law (applies to all of Australia) that contains conditions and rules related how and when personal data and information can be collected. The types of organizations this federal law affect are:
- Australian government agencies
- Private organizations that make more than $3m annually

Question 5

Explain the ‘Health Records Act 2001’ and what types of organizations are affected by it

Answer 5

The Health Records Act 2001 is a Victorian state law that contains conditions and rules related to how and when an individual’s personal health data and information can be collected by organizations that EITHER offer health services OR handle health records. It is based on the 11 Health Privacy Principles (HPPs). The types of organizations this Victorian state law affect are:
- Victorian government agencies
- Private organizations

Question 6

Explain the ‘Privacy and Data Protection Act 2014’ and what types of organizations are affected by it

Answer 6

The Privacy and Data Protection Act 2014 is a Victorian state law that contains rules and conditions related to how and when personal data and information is collected. It is based on the 10 Information Privacy Principles (IPPs). The types of organizations this Victorian state law affect are:
- Victorian government agencies
- Private organizations

Question 7

Define ‘Ethics’

Answer 7

Ethics are beliefs, principles or standards that individuals, organisations and society have regarding acceptable behaviour.