C. APPLICATIONC. APPLICATION

C. APPLICATION

1. This Code is binding upon organisations that have agreed to be covered by the Code by signing the ‘Biometrics Institute Privacy Code Agreement to Comply’.

2. Only members of the Biometrics Institute are eligible to subscribe to this Code.

3. Biometrics Institute membership, and thus subscription to this Code, is voluntary.

4. Government agencies at both a state and federal level may choose to follow the Code; they may also prefer tenderers to be signatories to the Code. However, Australian Government agencies are not legally required to comply with the Code.

5. The Biometrics Institute will maintain an up to date and publicly available register of Code Subscribers bound by this Code.

6. The Board may review the criteria for eligibility from time to time.

D. COVERAGE

Exempt acts and practices

1. Some categories of acts and practices are exempt from the regulation of the National Privacy Principles (per sections 7B, 7C of the Privacy Act).
2. Privacy Codes made under the Privacy Act, however, may cover these otherwise exempt acts and practices (this is permitted by section 18BAA).
3. In accordance with subsections 7B(1), (2), (4), (5) and section 7C, acts and practices by individuals acting in a non-business capacity, organisations acting under Commonwealth contract, organisations acting in the course of journalism, organisations acting under a State or Territory contract, and political acts and practices, remain exempt under this Code.

Employee records

4. Acts or practices of employer organisations which are directly related to a current or former employment relationship between the employer and an individual, and are also directly related to an employee record held by the organisation relating to that individual, are exempt from the National Privacy Principles (see section 7B(3)).

5. However, as permitted by section 18BAA, this Code covers the acts and practices described in clause D.4 where a biometric is included as part of the employee record, or where a biometric has a function related to the collection and storage of, access to or transmission of that employee record.

6. The aim of clause D.5 is to ensure that this Code regulates the handling of employee records in which a biometric is stored, as well as those employee records which are protected by a biometric. The handling of such records may otherwise be exempt under the Privacy Act.