Australian Privacy Act
Australian regulation for personal information handling and protection
Basel III
Global framework for bank capital, leverage, and liquidity standards.
Quick Verdict
Australian Privacy Act governs personal data handling for Australian organizations via 13 APPs, while Basel III sets global bank capital, leverage and liquidity rules. Firms adopt Privacy Act for compliance and trust; Basel III for prudential resilience.
Australian Privacy Act
Privacy Act 1988 (Cth)
Key Features
- 13 Australian Privacy Principles governing full data lifecycle
- Notifiable Data Breaches scheme for serious harm incidents
- Accountability for cross-border personal information disclosures
- Reasonable steps requirement for data security and retention
- Broad scope capturing small businesses in health and credit
Basel III
Basel III: Finalising post-crisis reforms
Key Features
- Higher CET1 capital minimum (4.5%) and quality standards
- Non-risk-based leverage ratio (3% minimum)
- Liquidity Coverage Ratio (LCR) for 30-day stress
- Net Stable Funding Ratio (NSFR) for structural resilience
- Capital conservation and systemic risk buffers
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
Australian Privacy Act Details
What It Is
The Privacy Act 1988 (Cth) is Australia's principal federal regulation establishing baseline privacy standards for handling personal information. It applies economy-wide via the 13 Australian Privacy Principles (APPs), using a principles-based, risk-calibrated approach focused on collection, use, disclosure, security, and individual rights.
Key Components
- 13 APPs covering transparency (APP 1), collection (APPs 3-5), use/disclosure (APPs 6-9), quality/security (APPs 10-11), and access/correction (APPs 12-13).
- Notifiable Data Breaches (NDB) scheme in Part IIIC.
- OAIC enforcement with civil penalties up to AUD 50M.
- Compliance via governance, not certification.
Why Organizations Use It
- Mandatory for agencies and private entities over $3M turnover (plus exceptions like health providers).
- Mitigates breach risks, penalties, reputational harm.
- Builds trust, enables compliant data flows.
Implementation Overview
Phased: gap analysis, policy design, controls deployment, incident readiness. Applies to medium-large orgs Australia-wide; ongoing OAIC assessments required.
Basel III Details
What It Is
Basel III is the global regulatory framework developed by the Basel Committee on Banking Supervision (BCBS) post-2007-2009 financial crisis. It sets prudential standards for banks, focusing on strengthening capital quality and quantity, constraining leverage, and ensuring liquidity resilience. The risk-based approach combines minimum ratios with non-risk-based backstops.
Key Components
- **Three PillarsPillar 1 (capital, leverage, liquidity requirements); Pillar 2 (supervisory review/ICAAP); Pillar 3 (disclosures/market discipline).
- Core elements: CET1 (4.5%), Tier 1 (6%), Total Capital (8%); leverage ratio (3%); LCR/NSFR; buffers (CCB 2.5%, CCyB, G-SIB).
- Built on revised RWA calculations, output floor (72.5%), and standardized approaches.
- Compliance via national implementation, no central certification.
Why Organizations Use It
Enhances bank resilience, reduces systemic risk, meets legal mandates in jurisdictions. Improves risk management, comparability; builds investor confidence and avoids penalties.
Implementation Overview
Phased enterprise transformation: gap analysis, data/system upgrades, governance setup. Targets internationally active banks globally; involves stress testing, reporting. (178 words)
Key Differences
| Aspect | Australian Privacy Act | Basel III |
|---|---|---|
| Scope | Personal information handling lifecycle | Bank capital, leverage, liquidity standards |
| Industry | Most private sector, agencies in Australia | Internationally active banks globally |
| Nature | Mandatory principles-based privacy regulation | Global prudential banking standards |
| Testing | OAIC audits, assessments, breach notifications | ICAAP stress tests, supervisory reviews |
| Penalties | Up to AUD 50M or 30% turnover fines | Capital add-ons, business restrictions |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about Australian Privacy Act and Basel III
Australian Privacy Act FAQ
Basel III FAQ
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