Privacy Code review 2019

Terms of Reference

Terms of Reference for Independent Code Reviewer – 2019 review of Privacy (Market and Social Research) Code 2014

The Association of Market & Social Research Organisations (AMSRO) is the peak body for the market and social research, data and insights sector.

AMSRO works in partnership with its members and with privacy authorities, business, government and the community to protect and promote the sector and uphold the highest ethical and privacy market and social research standards.

The Association of Market Research Organisations (now AMSRO) was established (under a former name) in 1989.  The Association has since grown to more than 90 members, who collectively employ over 5,000 people and constitute about 70% of the sector’s annual (data collection) turnover.

The Market and Social Research Privacy Code (the Original Code) initially commenced in operation on 1 September 2003.

Following significant changes to the Privacy Act 1988 (C’th of Australia) (the Privacy Act) and the Australian Privacy Principles (APPs) under the Privacy Act, the Original Code was replaced by a substantially revised Code in 2014.

The Privacy (Market and Social Research) Code 2014 (2014 Code) was approved by the Office of the Australian Information Commissioner[1] under Part IIIB of the Privacy Act, registered as an APP Code on the Codes Register maintained by the Commissioner under s 26U(1)) of the Privacy Act[2] and published in the Federal Register of Legislative Instruments.[3]

The Code is administered by the AMSRO Secretariat (Code Administrator) and overseen by the AMSRO Privacy Compliance Committee, comprising an independent chair, at least two industry representatives and one consumer representative.

The Code applies to market and social research, data and insights businesses which are members of AMSRO.

In accordance with the provisions of Part G of the Code, the Code is subject to independent review by the Independent Code Reviewer Panel at least every five years.

This review is, therefore, the first Independent Code Review of the Code.

The Independent Code Reviewer is Professor Peter Leonard, Principal of Data Synergies and Professor of Practice (IT Systems and Management and Business Law) at UNSW Business School.

The Independent Code Reviewer will:

  • seek the views of the Commissioner, government agencies, industry representatives, consumer representatives, the general public and other persons or bodies as appropriate in Australia and internationally; regarding the operation of the Code and as to suitable revisions and amendments;
  • by January 31, 2020, produce a report including recommendations for any amendments to this Code that are considered necessary or desirable for the effective operation of the operation of the Code.

The Report of the Independent Code Reviewer, together with a written statement by AMSRO responding to the Review, will be provided to the Office of the Australian Information Commission within 30 days of the Review report being finalised.

[1] See the Commissioner’s Explanatory Statement at https://www.legislation.gov.au/Details/F2014L01725/Explanatory%20Statement/Text.

[2] https://www.oaic.gov.au/privacy/privacy-registers/privacy-codes-register/

[3] https://www.legislation.gov.au/Details/F2014L01725

The results of the Review, together with a written statement by AMSRO responding to the Review, will be provided to the Office of the Australian Information Commission within 30 days of the Review report being finalised.

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