PRIVACY AND DATA PROTECTION ACT 2014 - SECT 3 Definitions

PRIVACY AND DATA PROTECTION ACT 2014 - SECT 3

In this Act—

"applicable code of practice", in relation to an organisation, means an approved code of practice by which the organisation is bound;

"approved code of practice "means a code of practice approved under Division 3 of Part 3 as amended and in operation for the time being;

"approved information usage arrangement" means an information usage arrangement approved under Division 6 of Part 3;

S. 3 def. of authorised legal representative inserted by No. 11/2021 s. 164.

"authorised legal representative" of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

"body "means body (whether incorporated or not);

S. 3 def. of Chief Commis-sioner of Police amended by No. 60/2014 s. 129(a).

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;

"Chief Statistician" means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014 ;

"child "means a person under the age of 18 years;

S. 3 def. of Commis-sioner repealed by No. 20/2017 s. 79(b).

    *     *     *     *     *

"Commonwealth-regulated organisation "means an agency within the meaning of the Privacy Act 1988 of the Commonwealth and to which that Act applies;

"consent "means express consent or implied consent;

"contracted service provider" means a person or body who provides services under a State contract;

"correct", in relation to personal information, means alter that information by way of amendment, deletion or addition;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch.  1 item 80).

"Council "has the same meaning as in the Local Government Act 2020 ;

"crime statistics data" means—

        (a)     any law enforcement data obtained by the Chief Statistician from the Chief Commissioner of Police under section 7 of the Crime Statistics Act 2014 ; or

        (b)     any information derived from data referred to in paragraph (a) by the Chief Statistician or an employee or consultant referred to in section 6 of the Crime Statistics Act 2014 in the performance of functions under that Act, other than information published by the Chief Statistician under section 5(1)(a) of that Act;

"crime statistics data system "means a database kept by the Chief Statistician (whether in computerised or other form and however described) containing crime statistics data;

"current certificate" means a certificate issued under section 55(1) that has not expired or been set aside;

"data security standards" means—

        (a)     protective data security standards; or

        (b)     law enforcement data security standards;

"de-identified", in relation to personal information, means personal information that no longer relates to an identifiable individual or an individual who can be reasonably identified;

"enactment "means an Act or a Commonwealth Act or an instrument of a legislative character made under an Act or a Commonwealth Act;

"Federal Privacy Commissioner "means the Privacy Commissioner appointed under the Australian Information Commissioner Act 2010 of the Commonwealth;

"generally available publication "means a publication (whether in paper or electronic form) that is generally available to members of the public and includes information held on a public register;

"handling", in relation to personal information, means collection, holding, management, use, disclosure or transfer of personal information;

"IBAC" means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"illness "means a physical, mental or emotional illness, and includes a suspected illness;

S. 3 def. of Information Commis-sioner inserted by No. 20/2017 s. 79(a).

"Information Commissioner" means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ;

"information handling provision" means a provision of an Act that permits handling of personal information—

        (a)     as authorised or required by law or by or under an Act; or

        (b)     in circumstances or for purposes required by law or by or under an Act;

"Information Privacy Principle "means any of the Information Privacy Principles set out in Schedule 1;

information usage arrangement has the meaning given by section 45;

"IPP "means Information Privacy Principle;

S. 3 def. of law enforcement agency amended by Nos 60/2014 s. 129(b), 29/2016 s. 111, 57/2017 s. 50, 27/2018 s. 362.

"law enforcement agency" means—

        (a)     Victoria Police; or

        (b)     the police force or police service of another State or a Territory; or

        (c)     the Australian Federal Police; or

        (d)     the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

        (e)     the Commissioner appointed under section 8A of the Corrections Act 1986 ; or

        (ea)     the Director, Fines Victoria employed under section 4 of the Fines Reform Act 2014 ;

        (f)     the Business Licensing Authority established under Part 2 of the Business Licensing Authority Act 1998 ; or

        (g)     a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

        (h)     the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or

              (i)     the IBAC; or

        (j)     the sheriff within the meaning of the Sheriff Act 2009 ; or

        (k)     the Victorian Inspectorate; or

        (l)     the Adult Parole Board established by section 61 of the Corrections Act 1986 ; or

        (la)     the Post Sentence Authority continued in existence by section 290 of the Serious Offenders Act 2018 ; or

        (m)     the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005 ; or

        (n)     an agency responsible for the performance of functions or activities directed to—

              (i)     the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

              (ii)     the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

        (o)     an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

        (p)     an agency that provides correctional services, including a contractor within the meaning of the Corrections Act 1986 , or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act; or

        (q)     an agency responsible for the protection of the public revenue under a law administered by it;

S. 3 def. of law enforcement data

amended by No. 60/2014 s. 129(c).

"law enforcement data "means any information obtained, received or held by Victoria Police—

        (a)     for the purpose of one or more of its, or any other law enforcement agency's law enforcement functions or activities; or

        (b)     for the enforcement of laws relating to the confiscation of the proceeds of crime; or

        (c)     in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or

        (d)     for the purposes of its community policing functions;

S. 3 def. of law enforcement data security standards amended by No. 20/2017 s. 106(1)(a).

"law enforcement data security standards" means the standards issued, amended or reissued by the Information Commissioner under section 92 ;

S. 3 def. of law enforcement data system amended by No. 60/2014 s. 129(d).

"law enforcement data system "means a database kept by Victoria Police (whether in computerised or other form and however described) containing law enforcement data;

S. 3 def. of legal practitioner inserted by No. 20/2017 s. 79(a).

"legal practitioner" means an Australian legal practitioner;

S. 3 def. of member of staff inserted by No. 20/2017 s. 79(a).

"member of staff", of the Office of the Victorian Information Commissioner, means a person employed or engaged under section 6Q of the Freedom of Information Act 1982 ;

S. 3 def. of notice to produce or attend inserted by No. 20/2017 s. 79(a).

"notice to produce or attend" means a notice issued under section 68 or 79, and includes a notice as varied under section 83B;

S. 3 def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 79(a).

"Office of the Victorian Information Commissioner "means the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982 ;

"organisation" means a person or body to which Part 3 applies under section 13;

"parent", in relation to a child, includes—

        (a)     the father and mother of the child; and

        (b)     the spouse of the father or mother of the child; and

        (c)     the domestic partner of the father or mother of the child; and

        (d)     a person who has custody of the child; and

        (e)     a person whose name is entered as the parent of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996 ; and

        (f)     a person who acknowledges that they are the parent of the child by an instrument of the kind described in section 8(2) or (2A) of the Status of Children Act 1974 ; and

        (g)     a person in respect of whom a court has made a declaration or a finding or order that the person is the parent of the child;

"personal information "means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies;

"personal privacy "means privacy of personal information;

S. 3 def. of Privacy and Data Protection Deputy Commis-sioner inserted by No. 20/2017 s. 79(a).

"Privacy and Data Protection Deputy Commissioner" means the Privacy and Data Protection Deputy Commissioner appointed under section 8H ;

"protective data security plan" means a plan prepared under section 89;

S. 3 def. of protective data security standards amended by No. 20/2017 s. 106(1)(b).

"protective data security standards" means the standards issued by the Information Commissioner under section 86 or amended or reissued under section 87;

"public interest determination" means a determination made under section 31;

"public register "means a document held by a public sector agency or a Council and open to inspection by members of the public (whether or not on payment of a fee) under an Act or regulation (other than the Freedom of Information Act 1982 or the Public Records Act 1973 ) containing information that—

        (a)     a person or body was required or permitted to give to that public sector agency or Council under an Act or regulation; and

        (b)     would be personal information if the document were not a generally available publication;

"public sector agency "means a public service body or a public entity within the meaning of the Public Administration Act 2004 ;

public sector body Head has the meaning given in the Public Administration Act 2004 ;

"public sector data" means any information (including personal information) obtained, received or held by an agency or body to which Part 4 applies, whether or not the agency or body obtained, received or holds that information in connection with the functions of that agency or body;

"public sector data system" includes—

        (a)     information technology for storage of public sector data, including hardware and software; and

        (b)     non-electronic means for storage of public sector data; and

        (c)     procedures for dealing with public sector data, including by use of information technology and non-electronic means;

public service body Head has the meaning given in the Public Administration Act 2004 ;

"State contract "means a contract between an organisation, or a person, agency or body to which Part 4 or 5 of this Act applies, and another person or body (whether or not this Act or a Part of this Act applies to the person or body) under which services are provided to one party (the outsourcing party ) by the other party (the contracted service provider ) in connection with the performance of the functions of the outsourcing party, including services that the outsourcing party provides to other persons or bodies;

"temporary public interest determination" means a temporary public interest determination made under section 39;

"third party", in relation to personal information, means a person or body other than the organisation holding the information and the individual to whom the information relates;

"Victorian Inspectorate" means the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ;

"Victorian protective data security framework" means the Victorian protective data security framework developed under section 85.