Table 2 Sample developer guidance: Australian privacy laws and global best practices [33]

Does the app collect, use, disclose or hold any personal information?

Yes: Go to next question.

No: You do not need to comply with any privacy legislation.

What kind of developer are you?

 • An individual or entity conducting a commercial activity

  o Go to next question

 • A federal public entity

  o You must comply with the Australian Privacy Principles

 • A State or Territory public sector entity

  o You must comply with the Australian Privacy Principles

 • An individual

  o You are not required by law to comply with privacy legislation unless you are conducting commercial activity. However you should build privacy into your app’s design.

Does the app do, or claim to do, ANY of the following in ANY way?

 • Assess, maintain or improve a person’s physical or mental health, fitness or wellbeing?

 • Manage a person’s condition, disability or disease?

 • Diagnose or treat a person’s illness or disability, or injury?

 • Record a person’s health information?

Yes: you must comply with the Australian Privacy Principles: This means that you must:

 • Manage personal information in an open and transparent way (this includes having a clearly expressed Privacy Policy)

 • Adhere to principles about how personal information can be collected, used and shared

 • Keep personal information secure

 • Ensure people can access and correct their personal information

No: you are not required by law to comply with privacy legislation. However, you should aim for privacy by design.