Privacy for agencies
How does a product, service or process qualify for the Privacy Trust Mark?
The Privacy Trust Mark is an endorsement by the Privacy Commissioner of a specific product, service or process. It is not an endorsement of the organisation’s privacy practices in general.
Our office will assess Privacy Trust Mark applications in accordance with the principles of Privacy by Design. Awards of the Privacy Trust Mark are at the sole discretion of the Privacy Commissioner. The criteria we may consider include:
How is the product proactive about privacy?
- Was privacy a key component in the original product/service brief?
- Has a Privacy Impact Assessment (PIA) been carried out on the product/service?
- Does the organisation emphasise and embed customer privacy as a core value?
Does the product/service demonstrate privacy by default?
- Is the collection of personal information kept to a minimum?
- Is the purpose of collection limited, clearly explained and relevant to the product’s circumstances?
- If the product involves the potential disclosure of information are users made aware of this?
- If information is disclosed, are the reasons clearly explained and fit the stated purpose for which it was collected?
- Is user information only retained for as long as necessary to fulfil the stated purpose, and then securely destroyed?
- Is there a commitment to anonymising or de-identifying the personal information where possible?
Has privacy been embedded into its design?
- If a PIA was completed, were the risks/issues fully identified and were these appropriately addressed?
- Does the product/service enable both privacy and full functionality?
- Will the product be regularly reviewed and updated as necessary?
Does it demonstrate end-to-end security?
- Are the security practices appropriate for the personal information collected?
- Does the organisation have tools for continually ensuring that security practices are appropriate?
- Does the organisation have auditing practices for the product to ensure the information collected is used in accordance to its purpose statement?
Does it demonstrate the qualities of visibility and transparency?
- Is the privacy statement for the product/service clear and understandable to the average consumer?
- If a PIA was completed was it, or a summary of it, published by the organisation?
- Does the organisation have a policy for keeping users informed about changes or updates to the way personal information is used?
- Does the organisation provide information about its complaints mechanism?
Does it have respect for user privacy by putting the customer in control of their personal information? Can users of the product/service:
- Easily manage their personal information?
- Choose what information to provide?
- Choose what information may be shared with others and who it may be shared with?
- Act in an anonymous or pseudonymous way?
- Ask for their personal information to be removed or destroyed?
- Ask to take their personal information with them to another provider?
Does it have user-centric features?
- Has the product been designed with user privacy in mind?
- Is it obvious how users can access their information and if necessary correct it?