Department of Customer Service Privacy Management Plan

Further information about exemptions from privacy legislation

Exemptions from privacy legislation

The PPIP Act and HRIP Acts contain exemptions from compliance with certain IPPs and HPPs. This section outlines the main exemptions to each principle.

Limiting our collection of personal and health information

unsolicited information
personal information collected before 1 July 2000
health information collected before 1 September 2004
in the case of personal information, for certain Ministerial correspondence or referral of inquiries
in relation to personal information, certain research purposes

How we collect personal and health information

unsolicited information
personal information collected before 1 July 2000
health information collected before 1 September 2004
personal information used for law enforcement or some investigative and complaints handling purposes
where another law authorises or requires us not to comply with this principle
where non-compliance is otherwise permitted, implied or contemplated by another law
in the case of personal information, where compliance would disadvantage the individual

Notification when collecting personal and health information

unsolicited information
personal information collected before 1 July 2000
health information collected before 1 September 2004
the individual concerned has expressly consented to the non-compliance
some law enforcement and investigative or complaints handling purposes
where another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
where compliance would disadvantage the individual
where notification in relation to health information would be unreasonable or impracticable

How we collect personal and health information – the method and content

unsolicited information
personal information collected before 1 July 2000
health information collected before 1 September 2004
law enforcement or some investigative and complaints handling purposes
where another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
where compliance would disadvantage the individual

Retention and security

there are no direct exemptions to the operation of the principle

Transparency

if another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
where the provisions of GIPAA impose conditions or limitations (however expressed)

Access

Some health information collected before 1 September 2004
where another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
the provisions of GIPAA that impose conditions or limitations (however expressed)

Correction

some health information collected before 1 September 2004
some investigative or complaints handling purposes
if another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
the provisions of GIPAA that impose conditions or limitations (however expressed)

Accuracy

there are no direct exemptions to the operation of this principle

Use

law enforcement and some investigative or complaints handling purposes
where another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
in the case of health information, to lessen or prevent a serious threat to public health or public safety
in the case of health information, finding a missing person
information sent to other agencies under the administration of the same Minister or Premier for the purposes of informing the Minister or Premier

Disclosure

law enforcement or some and investigative and complaints handling purposes
when it is authorised or required by a subpoena, warrant or statutory notice to produce
if another law authorises or requires us not to comply
where non-compliance is otherwise permitted, implied or contemplated by another law
in the case of health information, to lessen or prevent a serious threat to public health or public safety
in the case of health information, compassionate reasons
finding a missing person
information sent to other agencies under the administration of the same Minister or Premier for the purposes of informing the Minister or Premier

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