Privacy Act 1988, section 7B(3): the employee records exemption (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 7B(3))
Staff data is exempt only for acts directly related to the employment relationship. My reading: licensing staff emails or chats to an AI buyer is not directly related to employment, so the exemption does not cover it.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“An act done, or practice engaged in, by an organisation that is or was an employer of an individual, is exempt for the purposes of paragraph 7(1)(ee) if the act or practice is directly related to: (a) a current or former employment relationship between the employer and the individual; and (b) an employee record held by the organisation and relating to the individual.”
Where it was read
Also read from the same source
- Privacy Act 1988, Schedule 1, APP 6.1 and 6.2(a): use or disclosure for a secondary purpose (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 6.1, 6.2(a))
- Privacy Act 1988, Schedule 1, APP 8.1 and 8.2(b): disclosure to an overseas recipient (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.1, 8.2(b))
- Privacy Act 1988, Schedule 1, APP 8.3: disclosure to a prescribed country or binding scheme (in force from 11 December 2024) (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.3)
- Privacy Act 1988, section 16C: the holder is accountable for the overseas recipient's breaches (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 16C(2))
- Privacy Act 1988, section 100(1A): what the Minister must be satisfied of before prescribing a country (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 100(1A))
- Privacy Act 1988, section 6(1): definition of de-identified (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 6(1) (definition of de-identified))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide