Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_5:p1
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 5487–8665

5  Definitions
Note: A number of expressions used in this instrument are defined in s 6(1) of the Privacy Act, including, but not limited to, the following:
               (a)      APP code
               (b)      APP entity
               (c)      consent
               (d)      personal information
               (e)      sensitive information
In this APP code:
Breach of this Code means a breach of any obligation on Research Organisations under Part 2 and Part 5 of this Code (also taking account of the definitions in this section).
Client means an organisation, agency etc. that requests, commissions or subscribes to a given Market and Social Research project; i.e. the ultimate beneficiary of the research findings.
The Code Administrator is AMSRO (see subsection 22(1))
Collection of identifiable research information means gathering, acquiring or obtaining identifiable research information from any source, by any means, for inclusion in a record.
Commissioner means the person who has functions and powers under the Privacy Act.
Contact details means a record of identifying information such as names, companies, position titles, addresses and phone numbers, collected and retained in order to contact individuals in a research sample.
De-identification means a process of ensuring that identifiable research information is rendered permanently non-identifiable, i.e. without retaining a means by which the information could be reasonably re-identified.
Direct marketing involves the use and/or disclosure of identifiable research information to communicate directly with an individual to promote goods and services, whether through voice communications, electronic messaging, mail, email, social media channels or online or mobile advertising.
Disclosure of identifiable research information means identifiable research information becoming known outside an organisation, whether or not it is physically or electronically released or transferred (e.g. including by telling, showing or displaying to another person). Disclosure may be deliberate, or inadvertent (such as a data breach). In assessing whether an individual is reasonably identifiable, regard is to be had to all information reasonably available to an entity, such as other data points and data sources that might be used to infer or confirm the identity of a purportedly non-identifiable person. Accordingly, although information as disclosed by an organisation may not appear to be identifying of any individual, that information may be personal information about an identifiable individual when in the hands of a recipient (even if the information was otherwise not personal information about an individual when in the hands of a discloser). In this circumstance the disclosing entity must treat the disclosure as a disclosure of personal information about an individual, even though the individual is not identified within the information disclosed.
Genuine research concerns mean where the Research Organisation has valid reasons to expect that the purpose of the Market and Social Research exercise would otherwise be defeated.
Identifiable research information means personal information about