Reading time: 4 minutes

If you run a beautician business, you will often find yourself collecting and storing personal information about your clients, like their allergies and prior health conditions. Here, you may have legal obligations on how to handle this personal information. By understanding these obligations, you will avoid breaching laws and facing penalties of up to $420,000. This article explains when you will need to comply with Australian privacy law for your beautician business.

The Privacy Act

The Privacy Act aims to protect individuals’ personal information and sets out how a business collects, stores and discloses personal information. Examples of personal information about clients that you might have include your clients’:

  • names;
  • addresses; 
  • emails;
  • dates of birth; and
  • medical history.

Do I Need to Comply With the Privacy Act?

Most organisations that collect personal information must comply with the Act. However, a small business whose annual turnover is $3 million or less does not need to comply with the Privacy Act. However, a few important exceptions where you will still need to comply with the Act are if you:

A health service provider is someone who intends to 

  • assess;
  • maintain; 
  • improve;
  • diagnose; 
  • manage;
  • treat; or 
  • record an individual’s health. 

Relevantly, you also provide a health service if you claim that the activity will have any such results. 

For example, if you claim on advertisements that an intensive facial will improve the health of a client, your beautician business will likely be a health service provider under the Privacy Act  

What Are My Obligations Under the Privacy Act?

The Act sets out a number of key principles or guidelines that you must comply with called the Australian Privacy Principles (or APPs).

Some of the APPs make a distinction between personal information and sensitive information. Relevantly for beauticians, sensitive information includes health information about an individual. You may request that your clients complete a questionnaire before some treatments. Under the Act, you may have collected sensitive information if the questionnaire asked about:

  • allergies; 
  • pregnancy; 
  • breastfeeding; 
  • overall health; 
  • diseases; or
  • blood pressure.

Below we set out key APPs and examples specifically relevant for beauticians.

Collection

You can only collect personal information if it is reasonably necessary for your activities. 

For example, some more invasive treatments may require you to know about prior health conditions, like cosmetic tattooing. In comparison, for other activities, like makeup, such information is not relevant. Here, you should avoid collecting personal information.

Transparency 

You must have a clear, easy to read and updated privacy policy which sets out how you deal with your clients’ personal information. You can make the policy available on your website, and at your front desk, so it is easily accessible to your clients.

Use of Personal Information

You can only use the information you collect for the purpose that you collected it.

For example, if you collect someone’s name and address to create a new client file for a treatment, you cannot then use it for marketing or disclosing it to a third party. If you would like to use it for another purpose, you must ask for prior consent from your client.

Key Takeaways

Protecting your clients’ personal information creates more trustworthiness for your beautician business. You may also have a legal obligation to comply with the Privacy Act if you claim that treatments improve the client’s health, and if your annual turnover is over $3 million. Either way, the Privacy Act sets out principles you should comply with, including:

  • only collecting information if necessary; 
  • only using the information for the primary purpose for which it was collected; and 
  • making sure your clients know how you handle personal information in a privacy policy.

If you need help in complying with Australian privacy law including preparing a privacy policy, contact LegalVision’s online lawyers on 1300 544 755 or fill out the form on this page.

Webinars

The COVID-19 Vaccine Rollout: Considerations for Employers

Thursday 22 April | 11:00 - 11:45am

Online
Are you a business owner or employer? Attend this webinar to learn about what you need to know about the COVID-19 vaccine rollout.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer