Screenwriters should look out for new privacy provisions in contracts

10 December, 2015

The AWG is advising our members to look carefully before signing contracts that contain new privacy provisions.We are issuing the advice after concerns some contracts contain new provisions that may give production companies and studios access to information about a writer beyond what is directly relevant to fulfilling their contract.Our advice, supported by independent legal opinion, is that although new access to information provisions being introduced in some contracts are consistent with the new Australian Privacy Principles (APPs), they can result you authorising an organisation to collect some individual information which, on its face, may not be required by the organisation.Any personal information must at all times only be collected by an organisation if it is required for the legitimate purposes of the organisation’s legal activities. In the case of personal information which is ‘sensitive’ – such as information about ethnicity or race, membership of political party or professional association or trade union, sexual orientation, criminal records and health information - the information must be given voluntarily by the person themselves with their informed consent. You do not need to provide this information and cannot be required to.While it may not be the intention of responsible production companies to infringe on a writer’s privacy – or their right to withhold information – individuals signing contracts should exercise caution.AWG executive director Jacqueline Elaine says writers need not be alarmed but if members are concerned they should contact the Guild before signing the contract.“Advice is just a phone call or email away,” she says. “The AWG has developed a clause that is appropriate to use in these circumstances. If you need assistance, please don’t hesitate to call or email us.”