Page 622 - Week 02 - Thursday, 20 March 2014
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Principles 1 and 5 deal with giving notice and with consent, requiring agencies to be upfront about the circumstances in which personal information is collected, used, disclosed and stored. It is more important than ever that agencies are able to clearly explain how information is collected and stored and the processes by which members of the public can access, correct, update and manage their information throughout the information life cycle.
TPP 3 limits the collection of personal information to circumstances where the information is related to the agency’s functions or, in the case of sensitive information, where the information is directly related to the agency’s functions and the individual consents to its collection. This requires agencies to be systemic and attentive to their approach to information collection and handling processes. Robust record keeping systems, which are already regulated under legislation like the Territory Records Act 2002, will be even more crucial as government customers seek increasing access to, and a voice in the management of, their information collected in accordance with TPP 3.
We are at a stage where technological changes and new forms of social media have changed conceptions about information privacy with the effect that the public are less hesitant to share information with government in the first instance but are demanding greater control over how that information is used and disseminated afterwards.
TPP 6 sets out clear and common-sense rules for the use and disclosure of personal information collected by agencies. TPP 6 facilitates the efficient and effective use of personal information where that is conducive to better service delivery and is consistent with customer expectations. The new rules in TPP 6 allow information collected for a primary purpose to be used for a secondary purpose where the individual is put on notice about the proposed use and consents to it freely. The use or disclosure for a secondary purpose is also allowed if the individual would otherwise reasonably expect that their personal information would be used or disclosed by the public sector agency and that secondary purpose is related to or, in the case of sensitive information, directly related to the initial reason for the collection.
Agencies must continue to be fully aware of the relevant principles governing the information they collect, use and store at the different stages throughout the information life cycle when personal information is disclosed, accessed, used or destroyed after the initial collection and the use of the information. This means that agencies have an ongoing responsibility to ensure that information which they have stored is secure but also, if the information is to be used for a secondary purpose, that it is accurate, up-to-date and relevant to that purpose.
TPPs 10, 11 and 12 deal with access to and storage and correction of personal information collected by public sector agencies, requiring agencies to take reasonable steps to ensure that information held and disclosed by the agency is accurate, up to date and relevant. Collectively the principles mandate that agencies use objective standards of reasonableness when determining the duties, time and resources required for managing personal information. The adoption of objective standards ensures the bill cannot be applied in a subjective or self-serving manner.
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