What is ‘personal information’?
6.2 Central to the regime established by the Privacy Act is the definition of ‘personal information’. This is because the privacy principles only apply to personal information as defined by the Act. The current definition of personal information is the same as that found in the original 1988 Act, that is:information or an opinion (including …
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Read moreWhat is not ‘personal information’?
6.64 As well as considering what information falls within the definition of ‘personal information’ for the purposes of the Privacy Act, it is also important to consider what information would fall outside the definition on the basis that it is not ‘about an individual whose identity is apparent or can reasonably be ascertained’.[70] The OPC …
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Read moreSensitive information
6.88 ‘Sensitive information’is a sub-set of personal information and is given a higher level of protection under the NPPs. The IPPs do not refer to sensitive information and agencies are required to handle all information, including sensitive information, in accordance with the IPPs. The principles recommended for handling sensitive information, and their extension to agencies, …
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Read moreIntroduction
5.1 This chapter provides an overview of the Privacy Act 1988 (Cth) in its current form and recommends some changes to the name, structure and objects of the Act. It is recommended that the Act be redrafted to achieve greater logical consistency, simplicity and clarity, that an objects clause be included, and that the name …
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Read moreOverview of the Privacy Act
Agencies and organisations5.9 Broadly speaking, the IPPs regulate the activities of Australian Government public sector agencies. ‘Agency’ is defined to include ministers, departments, federal courts and other bodies established for a public purpose.[12] The NPPs regulate the activities of private sector organisations. ‘Organisation’is defined as an individual, a body corporate, a partnership, any other unincorporated …
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Read moreThe structure of the Act
5.63 Because the Privacy Act has been substantially amended on a number of occasions, the numbering and structure of the Act make it confusing and difficult to navigate. For example, while the IPPs are found in s 14 of the Act, the NPPs are found in Schedule 3. In addition, the Act refers to obsolete …
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Read moreThe objects of the Act
5.90 An objects clause is a provision—often located at the beginning of a piece of legislation—that outlines the underlying purposes of the legislation and can be used to resolve uncertainty and ambiguity. Objects clauses have been described as a ‘modern day variant on the use of a preamble to indicate the intended purpose of legislation’.[146] …
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Read moreNational legislation to regulate the private sector
‘Covering the field’ 3.53 In DP 72, the ALRC expressed the view that many of the problems associated with inconsistent privacy laws would be dealt with effectively if the Privacy Act was amended to ‘cover the field’ in relation to the handling of personal information in the private sector. Organisations should be required to comply …
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Read moreAn intergovernmental agreement
A cooperative scheme: Discussion Paper proposals3.92 In DP 72, the ALRC expressed the view that national consistency will be promoted if the federal, state and territory governments enter into an intergovernmental agreement in relation to the handling of personal information. The ALRC proposed that the intergovernmental agreement should establish an intergovernmental cooperative scheme. The scheme …
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Read moreIs national consistency important?
3.9 A threshold issue is whether national consistency in the regulation of personal information handling is important. All submissions that addressed this issue strongly supported national consistency.[13] Most focused on how a nationally consistent privacy regime would lessen unjustified compliance burdens and cost. For example, a number of stakeholders emphasised that national consistency is essential …
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