Draw up draft privacy guidelines now, says ASFA

The Association of Superannuation Funds of Australia (ASFA) has called on the Office of the Australian Information Commissioner to hurry up and finalise Australian Privacy Principle draft guidelines.

With less than six months until the implementation of reforms, ASFA appealed to the Commissioner in a submission that also took aim at suggestions that the concept of "bundled consent" undermined the voluntary nature of consent with regards to super funds.

ASFA noted the outsourcing arrangements many funds had, and also providers' need to transfer information between themselves — for example in the case of a rollover. The industry body said it was common practice for super funds to obtain a single bundled consent to the collection of information. This was because separate consents would increase the length and complexity of the collection notification, would require funds to develop the capacity to request multiple consents, and give members the ability to opt out of legal information requirements.

ASFA requested draft guidelines include a presumption of capacity to consent as stated currently in the Guidelines to the National Privacy Principles, and for clarity and guidance for funds around recognised external dispute resolution schemes.

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Although ASFA recognised the proposals were "technology neutral", it said the use of cloud services could cause issues with amendments that related to overseas disclosures. ASFA raised the potential for a separate information sheet relating directly to cloud usage.

The submission said requirements for collectors to assert which specific law information-gathering may pertain to (in the case of superannuation) would provide notifications that were less meaningful to the recipient, as it could contain a long list of relevant legislation.

ASFA said although it represented the interests of superannuation providers, its concerns could easily relate to other sectors or industries.