Offshoring

Should Australian government agencies be taking data collection outside the ambit of the Privacy Act 1988 (Cth)?

That question is provoked by today's email from the Therapeutic Goods Administration, which reads

To provide you a better subscription service, we are transitioning to a new online software to manage our email lists (ActiveCampaign). ActiveCampaign will make it easier for us to provide you with better designed, timely and targeted information.

Changes to privacy notice

ActiveCampaign is based in the United States of America (USA), so your personal information (name and email address) will be stored on servers outside of Australia.

Unless you opt-out, you:

• Consent to your personal information being collected, used, disclosed and stored as set out in ActiveCampaign’s Privacy Policy and agree to abide by ActiveCampaign’s Terms of Use. 

• Acknowledge that this service utilises ActiveCampaign’s platform, which is located in the USA and relevant legislation of the USA will apply. 

• Acknowledge Australian Privacy Principle 8.1 contained in Schedule 1 of the Privacy Act will not apply. 

• Acknowledge that ActiveCampaign is not subject to the Privacy Act 1988 (Cth) and in the event of any privacy breaches by Active Campaign you would not be able to seek redress against ActiveCampaign under the Privacy Act 1988 (Cth) but would need to seek redress under the laws of the USA.

Legal but not admirable.

Opting-out means no longer receiving TGA updates.