Consultation Paper 3 (2008) - Privacy legislation in New South Wales
Table of contents
Updates and background for this project (Digest)
1. Introduction
Putting this paper in context
ALRC’S review of privacy law
The purpose of this paper
Further issues
Information sharing
Criminal sanctions
An outline of the chapters
2. Current privacy protection - Commonwealth
Introduction
The Privacy Act 1988 (Cth)
The Commonwealth Information Privacy Principles
The National Privacy Principles
A unified set of principles
Exceptions and exemptions
Breaches
Enforcement
Other federal privacy legislation
3. Current privacy protection - New South Wales
Introduction
The Privacy and Personal Information Protection Act 1998 (NSW)
Background and development of PPIPA
What is covered?
What is “personal information”?
Who is covered?
The Information Protection Principles
Exemptions
Enforcement
The Health Records and Information Privacy Act 2002 (NSW)
Historical background
What is covered?
The Health Privacy Principles
Consent
Exemptions
Other exemption mechanisms
Enforcement
Other related New South Wales legislation
4. Achieving a clear and consistent legislative structure
Introduction
Clarifying the structure of New South Wales privacy laws
The structure of PPIPA
The structure of HRIPA
Difficulties with the structure of PPIPA
Level of detail
The Commission’s view
Should PPIPA have an objects clause?
Achieving greater consistency in health information
Private sector coverage of health information under HRIPA
The Commission’s view
Should health information continue to be regulated separately?
5. Scope of privacy protection
Introduction
Should the scope of PPIPA and HRIPA be expanded by reducing or limiting exemptions?
Background
Personal information – PPIPA s 4; HRIPA s 5
Definition of “public sector agency” - PPIPA s 3(1); HRIPA s 4(1)
Unsolicited information – PPIPA s 4(5); HRIPA s 10
Law enforcement and investigative agencies – PPIPA s 23, 24 and 27; HRIPA s 27
State owned corporations
Government contractors
Should other aspects of privacy be expressly protected in PPIPA?
Background
What are “privacy related matters”?
Bodily privacy
Privacy of communications
Territorial privacy
A general cause of action for invasion of privacy?
6. The privacy principles
Introduction
Collection for lawful purposes – IPP 1; HPP 1
Collection directly from the individual – IPP 2; HPP 3
Further collection requirements – IPP 3 and IPP 4; HPP 4
Application of IPPs to records of observations or conversations
Retention and security of information – IPP 5; HPP 5
Access to, and alteration of, information – IPP 7 and IPP 8; HPP 8
The dichotomy between “use” and “disclosure” – IPPs 9, 10, 11 and 12; HPPs 9, 10, 11 and 12
Identification of the purpose for collection – IPPs 10 and 11; HPPs 10 and 11
Application of IPPS 10 and 11 and HPPs 10 and 11 to unsolicited information
Disclosure to third parties – IPP 11
Special restrictions on disclosure – IPP 12
Section 19(1) of PPIPA – disclosure of sensitive information
Section 19(2) of PPIPA – disclosure outside NSW
Regulating unique identifiers
7. Other operational issues
Introduction
Exemptions
Section 24 of PPIPA – exemptions relating to investigative agencies
Section 25 of PPIPA – exemptions where non-compliance is otherwise permitted
Application of s 25(b) to a preliminary inquiry by the
Ombudsman
Privacy codes of practice - PPIPA Part 3; HRIPA Part 5
The meaning of “person” in s 37 and 38 of PPIPA
Public interest directions - PPIPA s 41 ; HRIPA s 62
Complaints under s 45 of PPIPA
Complaints on behalf of the individual
Criteria to be applied by the Privacy Commissioner
Relationship between s 45 and s 36(2)(k) of PPIPA
Application of s 51 of PPIPA to withdrawn complaints
Report to Parliament under s 65 of PPIPA
Review of conduct by the ADT - PPIPA Part 5; HRIPA s 21
Nature of the jurisdiction
Absence of a limitation period for review by the ADT
The ADT’s powers on review
Role of the Privacy Commissioner
Commissioner Determination model vs Tribunal
Determination model
8. Relationship between PPIPA and other legislation
Introduction
The relationship between PPIPA and the FOI Act
Disclosure, access and correction provisions
Complaints-handling and review provisions
Amalgamation of the oversight of privacy and FOI
The relationship between PPIPA and the LGA
The relationship between PPIPA and the SRA
Tables
Table of cases
Table of legislation
Commonwealth
New South Wales
Northern Territory
Tasmania
Victoria
Other
Bibliography
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