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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INFORMATION PRIVACY
BILL 1999
Queensland
INFORMATION PRIVACY BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Collecting personal information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Requirements for collecting personal information . . . . . . . . . . . . . . . . . . . . 5
7 Storage and security of personal information . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Getting information about personal information held . . . . . . . . . . . . . . . . . . 6
9 Accessing personal information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amending personal information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Checking accuracy of personal information before use . . . . . . . . . . . . . . . . 7
12 Limits on use and disclosure of personal information . . . . . . . . . . . . . . . . . . 7
13 Non-application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 10
DICTIONARY
1999
A BILL
FOR
An Act to provide for the privacy of individuals
s1 4 s5
Information Privacy
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Information Privacy Bill 1999. 3
4
Commencement
2. This Act commences on a day to be fixed by proclamation. 5
binds all persons 6
Act
3. This Act binds all persons, including the State and, so far as the 7
legislative power of the Parliament permits, the Commonwealth and the 8
other States. 9
10
Definitions
4. The dictionary in the schedule defines particular words used in this 11
Act. 12
personal information 13
Collecting
5.(1) A public agency must not collect personal information unless-- 14
(a) the information is collected for a lawful purpose that is directly 15
related to a function of the agency; and 16
(b) the collection of the information is necessary for that purpose. 17
(2) A public agency must not collect personal information in an unlawful 18
way. 19
(3) A public agency may collect personal information only from the 20
individual to whom the information relates unless-- 21
(a) the individual has authorised the information to be collected from 22
someone else; or 23
s6 5 s6
Information Privacy
(b) for an individual under 16 years--the information is collected 1
from the person's parent or guardian. 2
(4) However, subsection (3) does not apply to-- 3
(a) a law enforcement agency if it would prejudice the agency's law 4
enforcement functions; or 5
(b) a public agency if the information is collected in connection with 6
proceedings, whether or not commenced, before a court or 7
tribunal. 8
for collecting personal information 9
Requirements
6.(1) This section applies if a public agency collects personal information. 10
(2) The agency must take all reasonable steps, having regard to the 11
purpose for which the information is collected, to ensure-- 12
(a) the information is relevant to that purpose, not excessive, and 13
accurate; and 14
(b) the collection of the information does not intrude, to an 15
unreasonable extent, on the individual's personal affairs. 16
(3) The agency must take all reasonable steps to ensure that before, or as 17
soon as possible after, the information is collected, the individual is made 18
aware of the following-- 19
(a) the fact that the information is being collected; 20
(b) the name and address of-- 21
(i) the agency that is collecting the information; and 22
(ii) the agency that is to hold the information; 23
(c) the purpose for which the information is being collected; 24
(d) the intended recipient of the information; 25
(e) whether the supply of the information by the individual is 26
required by law or is voluntary, and any consequences for the 27
individual if the information (or any part of it) is not supplied; 28
(f) the existence of any right of access to, or correction of, the 29
information. 30
s7 6 s8
Information Privacy
(4) However, subsection (3) does not apply if the information is collected 1
for law enforcement purposes. 2
and security of personal information 3
Storage
7. A public agency that holds personal information must ensure-- 4
(a) the information is kept for no longer than is necessary for the 5
purpose for which it may lawfully be used; and 6
(b) the information is disposed of securely and in accordance with 7
any requirements, prescribed under a regulation, for its disposal; 8
and 9
(c) the information is protected, by taking the security safeguards that 10
are reasonable in the circumstances, against-- 11
(i) loss; or 12
(ii) unauthorised access, use, alteration or disclosure; or 13
(iii) any other misuse; 14
(d) if it is necessary to give the information to a person in connection 15
with the provision of a service to the agency, everything 16
reasonably within the agency's power is done to prevent 17
unauthorised use or disclosure of the information by the person. 18
information about personal information held 19
Getting
8. A public agency that holds personal information must take all 20
reasonable steps to allow an individual to find out-- 21
(a) whether the agency holds personal information about the 22
individual; and 23
(b) if the agency does hold personal information about the 24
individual-- 25
(i) the type of information; and 26
(ii) the main purposes for which the information is used; and 27
(iii) the person's entitlement to access the information. 28
s9 7 s 12
Information Privacy
personal information 1
Accessing
9. A public agency that holds personal information about an individual 2
must, at the individual's request and without excessive delay or expense, 3
allow the individual to access the information. 4
personal information 5
Amending
10.(1) This section applies if an individual requests a public agency that 6
holds personal information about the individual to amend the information. 7
(2) The agency must make appropriate amendments (whether by way of 8
corrections, deletions or additions) to ensure that, having regard to the 9
purpose for which the information is to be used and to any purpose that is 10
directly related to that purpose, the information is relevant and accurate. 11
(3) If the agency is not prepared to amend the information, the agency 12
must, if requested by the individual to do so, include the amendment sought 13
with the information. 14
(4) If the agency amends the information, the individual is entitled, if it is 15
reasonably practicable, to have recipients of the information notified of the 16
amendments. 17
accuracy of personal information before use 18
Checking
11. A public agency that holds personal information must not use the 19
information without taking all reasonable steps to ensure that, having regard 20
to the purpose for which the information is to be used, the information is 21
relevant and accurate. 22
on use and disclosure of personal information 23
Limits
12.(1) This section applies to a public agency that holds personal 24
information about an individual. 25
(2) The agency must not use the information for a purpose other than for 26
which it was collected unless-- 27
(a) the individual has consented to the use of the information for the 28
other purpose; or 29
s 13 8 s 13
Information Privacy
(b) the other purpose is directly related to the purpose for which the 1
information was collected; or 2
(c) the use is necessary to prevent or lessen a serious and imminent 3
threat to the life or health of the individual or someone else; or 4
(d) the use is reasonably necessary for-- 5
(i) law enforcement purposes; or 6
(ii) the protection of public revenue. 7
(3) The agency must not disclose the information to anyone other than 8
the individual unless-- 9
(a) the disclosure is directly related to the purpose for which the 10
information was collected, and the agency has no reason to 11
believe the individual would object to the disclosure; or 12
(b) the individual is reasonably likely to have been aware, or has been 13
made aware as required by section 6, that information of that kind 14
is usually disclosed to that other person; or 15
(c) the agency reasonably believes the disclosure is necessary to 16
prevent or lessen a serious and imminent threat to the life or 17
health of the individual or someone else; or 18
(d) the disclosure is made in connection with proceedings for the 19
prosecution of an offence; or 20
(e) the disclosure is to a law enforcement agency to find out the 21
whereabouts of someone who has been reported to a police 22
officer as a missing person; or 23
(f) the disclosure is reasonably necessary for-- 24
(i) law enforcement purposes; or 25
(ii) the protection of public revenue. 26
(4) If personal information is disclosed under subsection (3) to another 27
public agency, the other agency must not use or disclose the information 28
other than for the purpose for which the information was given to it. 29
of provisions 30
Non-application
13. Sections 5, 8, 9, 10 and 12 do not apply to a public agency if-- 31
s 13 9 s 13
Information Privacy
(a) the agency is lawfully authorised or required not to comply with 1
the section; or 2
(b) noncompliance is otherwise permitted, is necessarily implied or 3
reasonably contemplated under another Act or law. 4
5
10
Information Privacy
SCHEDULE 1
¡
DICTIONARY 2
section 4 3
"accurate" includes up to date, complete and not misleading. 4
"law enforcement" means the enforcement of a provision of an Act for 5
which a penalty is specified. 6
"law enforcement agency" means-- 7
(a) the police service; or 8
(b) the criminal justice commission; or 9
(c) the crime commission. 10
"personal information"-- 11
(a) means information or an opinion, whether or not true, about an 12
individual whose identity is apparent, or can reasonably be 13
ascertained, from the information or opinion; but 14
(b) does not include information about an individual in a document 15
that is, or will be, generally available to the public. 16
"public agency" means-- 17
(a) a government entity under the Public Service Act 1996; or 18
(b) a local government; or 19
(c) a government owned corporation. 20
"reasonable steps" means the steps that are reasonable in the 21
circumstances. 22
23
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