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No. 2001-1

The Privacy Commissioner has issued a Temporary Public Interest Determination that ensures family history taking by health service providers is not prevented by the Privacy Act in the following circumstances:

An organisation collects health information from an individual about another individual (a third party) in circumstances where

(a) the collection of the third party?s information is necessary for the organisation (i) to provide a health service directly to the individual; and (ii) to diagnose, treat or care for the individual; and (b) the third party is a member of the individual?s family or household, or the third party?s information is otherwise relevant to the individual?s family medical history or social medical history; and

The organisation collects the information about the third party in either or both of the following circumstances: (c) without obtaining the consent of the third party; or (d) without taking reasonable steps under National Privacy Principle 1.5 to ensure that the third party is or has been made aware of the matters listed in National Privacy Principle 1.3.

Set out below are the formal instruments to give effect to this decision:

• Temporary Public Interest Determination No. 2001-1 (Download in or)

• Determination under section 80B(3) giving general effect to Temporary Public Interest Determination No. 2001-1 (Download in or PDF)

• Application Letter: Public Interest Determination - Taking Medical Histories (Download in or PDF)

No. 2001-2

The Privacy Commissioner has issued a Temporary Public Interest Determination that relates to the use and disclosure of a Commonwealth identifier, the Australian Government Service number, for managing Commonwealth and Australian Capital Territory government employee superannuation funds.

Set out below are the formal instruments to give effect to this decision:

• Temporary Public Interest Determination No. 2001-2 Privacy Act 1988 Part VI (Download in or PDF)

• Determination under section 80B(3) giving general effect to Temporary Public Interest Determination No. 2001-2 (Download in or PDF)

• Application Letter: Impact of Privacy Act on use of AGS and Payroll Numbers by Superannuation Funds ? Application for a Public Interest Determination (Download in or PDF)