Consultations

Notice of consultation on public interest determination application

In July 2009 the Privacy Commissioner received an application for a public interest determination under section 73 of the Privacy Act 1988.

The application concerned the collection or use, by health service providers, of the contact details of a genetic relative of a patient, where a decision has been made to disclose a patient's genetic information to their relatives.

The application was connected with the approval, under s 95AA of the Privacy Act, of Guidelines, issued by the National Health and Medical Research Council, for health practitioners in the private sector on the use and disclosure of genetic information to a patient's genetic relatives.

After some targeted consultation temporary public interest determinations were made. Those temporary determinations expire on 14 December 2010.

The Privacy Commissioner is now considering the application further, in accordance with Part VI of the Privacy Act, to decide whether to make longer term determinations.

Interested parties are invited to make submissions on the application and draft determinations by 11 August 2010.

• Application for Public Interest Determination
• Draft Public Interest Determination 11
• Draft Public Interest Determination 11A giving general effect to Public Interest Determination 11

Further relevant information, including the existing temporary determinations (which include the reasons for making those determinations) and the s 95AA Guidelines, are available here.

Submissions on the application and the draft determination should be sent to consultation@privacy.gov.au or GPO Box 5218 Sydney NSW 2001 to be received by COB 11 August 2010.

The Office proposes to publish the submissions. Please indicate if you wish your submission to be treated as confidential.