Page 1574 - Week 05 - Thursday, 15 May 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The Information Privacy Bill, therefore, introduces a new set of foundational territory privacy principles, known as TPPs, which set out rules for the handling and management of personal information. TPPs will improve the protection of personal information and promote the continued sharing of information between private and public sector agencies in the ACT.
Consistent with the definition recommended by the Australian Law Reform Commission, personal information is defined in the bill as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not the information is recorded in a material form. This definition is sufficiently broad to cover the whole gamut of information that can be collected by public sector agencies, whether it is solicited or not. The definition expressly excludes personal health information. Health record privacy will continue to be regulated under the Health Records (Privacy and Access) Act 2011.
The bill also provides additional protections for sensitive information which is personal information about a person’s racial or ethnic origin, political opinions, membership of a profession or association, political organisation or trade union, religious or philosophical beliefs, sexual orientation and practices or criminal record.
In its 2008 report on Australian privacy law and practice, the Australian Law Reform Commission noted:
… most people think about information privacy in terms of the collection and use of their personal information—most likely based on a one-to-one relationship with the agency or organisation concerned. Modern information technology, however, greatly facilitates the collection, aggregation, and systemised matching of vast amounts of data, acquired from large numbers of individuals, with or without their consent—or even their awareness.
It is a consequence of the collection, storage and distribution of information relating to an identifiable individual by third parties that the individual loses the ability to direct how the information can be used in representations about them. This bill, therefore, supports the development of clear, consistent and easy to understand information-sharing practices within the ACT public service by requiring agencies to protect personal information and manage it in a responsible, transparent and balanced way. One of the objects of the bill is to establish that the protection of the privacy of individuals is balanced with the needs of public sector agencies in carrying out their functions or activities.
The government is committed to a one-service approach to government where the whole range of public services the government provides is made available and accessible to the public in an efficient and coherent manner. So this bill recognises that managing information networks, which are the core of the information economy, is a key function of government business. Gathering information in a responsible way is in the best interests of the government, businesses and the public.
Compliance with TPPs should not be seen as a burden. The principles build on public administration’s best practice standards and accord with basic common sense. Indeed,
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video