How does the Privacy Act affect information I give to Customs?

In Plain English

The Customs Regulation and the Customs Act require the collection of personal information for various reasons, such as regulating duty-free shops, managing cargo terminals, and administering infringement notices. The Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 also allows the Anti-Dumping Commission to share information, including personal information, with Customs.

To ensure your privacy is protected, the Customs Regulation has rules about how this information is stored and used. For example, records of searches must be kept securely, and access is limited to those with a legitimate need. The Australian Border Force Act 2015 also has provisions to protect Immigration and Border Protection information.

The Data-matching Program (Assistance and Tax) Act 1990 regulates data matching between agencies and includes rules to protect your privacy. You also have the right to complain to the Information Commissioner if you believe your privacy has been breached.

Detailed Explanation

Several pieces of legislation interact to govern how your personal information is handled by Customs:

Collection of Personal Information: The Customs Regulation Parts 6, 7, 14, and 15, require the collection of personal information. This includes information from duty-free shop proprietors and travelers, individuals entering cargo terminals, and those subject to searches. The Customs (Hong Kong Rules of Origin) Regulations 2019 and Customs (Pacific Islands Rules of Origin) Regulations 2018 also mandate the collection and potential disclosure of personal information for verifying the origin of goods under international trade agreements. The Customs Act 1901 also requires employers to provide information about people working in restricted areas or issued with security identification cards.
Privacy Protections within Customs: The Customs Regulation includes measures to protect privacy, such as secure storage of search records and controlled access to these records.
Information Sharing: The Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 allows the Commissioner of the Anti-Dumping Commission to disclose information, including personal information, to Customs for the purposes of the Customs Act. This disclosure is considered authorized under the Privacy Act 1988.
Broader Privacy Framework: The Australian Border Force Act 2015 and the Australian Border Force Amendment (Protected Information) Act 2017 define "Immigration and Border Protection information" and set rules for its handling. Section 51 of the Australian Border Force Act 2015 states that recording and disclosing Immigration and Border Protection information under specific sections of the Act is taken to be authorized by the Act for the purposes of the Privacy Act 1988.
Data Matching: The Data-matching Program (Assistance and Tax) Act 1990 imposes rules on agencies involved in data-matching programs, including compliance with rules issued by the Information Commissioner (Data-matching Program (Assistance and Tax) Act 1990 s 12). This Act also provides avenues for investigating and addressing privacy breaches (Data-matching Program (Assistance and Tax) Act 1990 ss 13, 14).
Disclosure of Information: Section 273GAB of the Customs Act allows individuals to disclose information about travel, even if it's personal, to an officer. However, officers are still obliged to handle this information according to the Privacy Act 1988.

In summary, while Customs collects personal information for various purposes, several legal mechanisms, including the Privacy Act 1988, the Customs Regulation, the Australian Border Force Act 2015, and the Data-matching Program (Assistance and Tax) Act 1990, are in place to regulate how that information is handled and to protect your privacy.