Are sporting clubs covered by the new private sector provisions of the Privacy Act 1988?

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Question: Are sporting clubs covered by the new private sector provisions of the Privacy Act 1988?

Answer: If a club has an annual turnover of more than $3 million, then it will be covered by the new private sector provisions from 21 December 2001. Many smaller sporting clubs may be covered for various reasons, for example, because they are related to a larger organisation or because they provide a health service and hold health information. For more detail on whether such organisations might be covered, see Information Sheet 12 - 2001.

Clubs with an annual turnover of less than $3 million will still be covered by the Act if they provide a health service and hold health information. A 'health service' and "health information" are broadly defined by the Privacy Act 1988. For more detail, see section 6 of the Privacy Act 1988. Where a club has programs or facilities to assist its members with their injuries, or with maintaining or improving their level of fitness and health, it is probably providing a health service, especially if the club employs a health professional. The information about the injuries, fitness or health of a member which is collected and used by the club for those programs would be health information within the meaning of the Act.

In summary, it is the Federal Privacy Commissioner's view that a club which provides such assistance for its members should assume that it is covered by the new privacy laws and should take steps to comply with the National Privacy Principles (NPPs).