6.3.1: Privacy Act

Context

The Privacy Act applies to CSA. It deals with individual privacy in both the public and private sectors.

Legislative references

Sections 5, 13, 14 16 Privacy Act 1988

Explanation

CSA is subject to the Privacy Act, which protects the personal information that government and businesses collect about individuals. The Privacy Act established standards for information collection, storage, security, correction, use, disclosure and access. It also provides safeguards for the collection and use of tax file numbers.

Personal information includes any information or opinion about an individual whose identity is apparent, or can reasonably be ascertained, from that information or opinion. Personal information does not have to be true and does not have to be recorded in a material form.

There are 11 Information Privacy Principles (IPPs) which regulate the treatment of personal information. Briefly, the IPPs have the effect that:

IPP 1 CSA may only collect personal information for lawful purposes directly related to a function or activity of CSA. It must collect information in a lawful and fair manner.

IPP 2 Where CSA collects personal information from a person about themselves, it must take reasonable steps to ensure the person knows why CSA is seeking the information; the law that requires CSA to collect the information; and any person or other organisation CSA usually gives the information to.

IPP 3 As far as possible, when CSA solicits personal information, it must ensure that the information is relevant to the purpose for which it is collected; that the information is up-to-date and complete; and that collecting the information does not unreasonably intrude on the personal affairs of the person concerned.

IPP 4 CSA must take reasonable steps to ensure that information is protected against loss and unauthorised access, use, modification or disclosure.

IPP 5 CSA must take reasonable steps to enable any person to find out whether it has personal information about them; and if so, the nature of that information, the main purposes for which it is used and how the person can access the record.

IPP 6 Individuals can access their own personal information subject to the Freedom of information Act 1982. (See chapter 6.6)

IPP 7 CSA must keep its information accurate, relevant to the purpose for which the information was collected, up-to-date, complete and not misleading. CSA must assist people who want to make changes to their records.

IPP 8 CSA must take reasonable steps to ensure personal information is accurate, up-to-date and complete before using it.

IPP 9 CSA must use personal information only for a purpose to which the information is relevant.

IPP 10 CSA cannot use personal information for a purpose other than that for which it was collected except:

with the consent of the individual concerned
where CSA believes on reasonable grounds that use of the information for that purpose is necessary to prevent a serious and imminent threat to someone's life or health
where required or authorised by law
where reasonably necessary to enforce criminal law, a law imposing a pecuniary penalty, or for the protection of the public revenue
for a purpose directly related to the purpose for which it was collected.

IPP 11 CSA must not disclose personal information to a person other than the individual concerned unless:

one of the exceptions (but not the directly related purpose exception) in IPP 10 is made out, or
the person concerned is reasonably likely to have been aware, or made aware under IPP 2, that information of that kind is usually passed to that person, body or agency.

The Privacy Act 1988 must be read in conjunction with other legislation, such as the secrecy provisions in the child support and tax Acts. The secrecy provisions of those Acts are more stringent than IPP 11.

The Office of the Federal Privacy Commissioner has published plain English guidelines on the IPPs, which can be obtained from its website http://www.privacy.gov.au or by calling 1300 363 992.

Version 1.2

Issued 27 August 2002

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	CSA's previous online law & policy guide Effective until 30 June 2008