Site Changes
- Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
- Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.
Topics
- Access and correction
- Collection
- Compliance
- Corporate information
- Credit and finance
- Data accuracy
- Data security / breach
Law enforcement and national security: Case Notes (1) | Determinations (5) | Guidelines (1) | Information Sheets (1) | Media Releases (8) | Other (2) | Reports (5) | Speeches (5) | Submissions (26)
Case Notes
2009
K v Commonwealth Agency [2009] PrivCmrA 14
pdf (33.46 KB)
Disclosure of spent conviction information
Determinations
Public Interest
Public Interest Determination No. 8
pdf (32.36 KB)
PRIVACY ACT 1988 (PART VI) Applicant: The Commonwealth Director of Public Prosecutions (CDPP) Nature of Application: Disclosure of personal information contained in certain CDPP files that relate to serious incidences of fraud, dishonesty and decept...
Public Interest Determination No. 6
pdf (65.41 KB)
PART VI - PUBLIC INTEREST DETERMINATION No. 6 (PID 6) In respect of Application No : 6 (dated 10 December 1990) Applicant : Australian Telecommunications Corporation (Telecom) Nature of the Application: Disclosure of modified electronic white pages to...
Public Interest Determination No. 5
pdf (26.6 KB)
PART VI - PUBLIC INTEREST DETERMINATION No. 5 (PID 5) In respect of Application No : 5 (dated 9 October 1990) Applicant : The Australian Federal Police Nature of the Application: Disclosure of personal information contained in homicide files...
Public Interest Determination No. 1
pdf (24.24 KB)
PART VI - PUBLIC INTEREST DETERMINATION NO. 1 (PID 1) In respect of Application No : 1 (dated 5 September 1989) Applicant : Director of Public Prosecutions (the agency) Nature of the Application: Disclosure of personal information to t...
Temporary Public Interest
Guidelines
Covert surveillance in Commonwealth administration (February 1992)
pdf (54.2 KB)
Information Sheets
Private Sector
Information Sheet (Private Sector) 7 - 2001: Unlawful Activity and Law Enforcement
pdf (104.13 KB)
The Privacy Act 1988 (Cth) (the Privacy Act) seeks to balance the privacy of individuals with the public interest in law enforcement and the regulatory objectives of government. In the course of carrying out their activities and functions, enforcement bodies, government agencies and regulatory authorities collect personal informat...
Media Releases
2010
Privacy Commissioner issues Temporary Public Interest Determination for research relating to international students
7 May 10 The Australian Privacy Commissioner, Karen Curtis, has issued a Temporary Public Interest Determination (TPID) to allow the Department of Immigration and Citizenship to disclose a limited set of specific personal information about current and former student visa holders to all police jurisdictions and the Australian Institute of Criminology (AIC).
2009
Customs receives privacy award for Australia-EU airline agreement
12 Nov 09 The Australian Customs and Border Protection Service was named tonight as the winner of the Symantec Government category of the Australian Privacy Awards 2009 for its Australian-European Union Passenger Name Record Agreement.
2007
Media Release: Privacy Commissioner: Remember your privacy obligations when collecting information for anti-money laundering purposes
11 December 2007 With the requirements of the Anti-Money Laundering/Counter-Terrorism FinancingAct (AML/CTF) coming into effect tomorrow, the Privacy Commissioner, Karen Curtis, has reminded businesses to carefully consider their privacy obligations when collecting personal information for AML/CTF purposes. ''While it is of course im...
2006
Media Announcement: Privacy Commissioner comments on the Second Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill
24 August 2006 The Privacy Commissioner, Karen Curtis, has made a submission to the Attorney-General''s Department on the second exposure draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006. ''While recognising the potential benefits to the community of measures to address money-laundering and terrorism financing,...
2003
Media Release: Report on Forensic procedures & DNA materials tabled
15 May 2003 The Federal Privacy Commissioner, Malcolm Crompton, and the Commonwealth Ombudsman, Professor John McMillan, today welcomed the Governments tabling of the independent review into the use and sharing of DNA material for law enforcement purposes (detailed report below). Mr Crompton and Professor McMillan said "we look forw...
2002
Media Release: Guilty until proven innocent
9 August 2002 "DNA testing all children at birth and storing this sensitive data on a criminal database has the very real potential to undermine our civil liberties by eroding our privacy and implying that we are all guilty until proven innocent," said Federal Privacy Commissioner, Malcolm Crompton. "In the current environment there...
Media Release: Privacy law doesn't risk lives
7 August 2002 "A recent media article stating that Privacy laws risk lives is inaccurate. Under the Privacy Act if a genetic test is conducted on an individual, then they have a right to know the results of the test," said Federal Privacy Commissioner, Malcolm Crompton. "The situation is less clear over the question of whether the test re...
Announcement: Privacy and Passport Initiatives
21 May 2002 "As with most technology, the use of a biometric identifier on a passport is not inherently privacy invasive. Its the implementation of the biometric identifier that will determine if it is privacy enhancing or invasive," said Federal Privacy Commissioner, Malcolm Crompton. "Biometrics are powerful tools that also can go...
Other
Application for Public Interest Determination from Department of Immigration and Citizenship April 2010
pdf (193.23 KB)
Reasons for Making PID 7A
pdf (30.77 KB)
(A determination amending Public Interest Determination Number 7) 1 Background The Privacy Act 1988 requires federal government agencies to comply with the eleven Information Privacy Principles in section 14 of the Act. On 10 March 1997, the Department of Foreign Affairs and Trade (the Department) applied for a public interest...
Reports
Audit Reports - ACT Government
ACT Corrective Services: Client and Staff Records
pdf (252.7 KB)
Audit Reports - Australian Government
Passenger Name Records (PNR data) Audit Report No 2
pdf (693.17 KB)
An audit report on the use by the Australian Customs and Border Protection Service of Passenger Name Records (PNR) data.
Passenger Name Records (PNR data) Audit Report No 1
pdf (1.02 MB)
An audit report on the use by the Australian Customs and Border Protection Service of Passenger Name Records (PNR) data.
Australian Customs Service: SmartGate Automated Border Processing
pdf (184.36 KB)
Department of Foreign Affairs and Trade & Australian Customs Service: ePassport & SmartGate Trials
pdf (112.66 KB)
Speeches
2008
4th Annual Anti-Money Laundering Forum
pdf (71.25 KB)
Speech by Timothy Pilgrim, Deputy Privacy Commissioner, to the Australian Bankers'' Association Inc., Sydney, 14 March 2008.
2007
The Social Agenda: Law Enforcement and Privacy
pdf (99.9 KB)
Speech by Karen Curtis, Privacy Commissioner, to International Policing: Towards 2020 Conference 2007,ÿCanberra, 20 November 2007.
LEA confidential
pdf (257.89 KB)
Presentation by Timothy Pilgrim, Deputy Privacy Commissioner, to the Australian Public Sector Anti-Corruption Conference,ÿSydney, 24 October 2007.
2005
ID theft is a major invasion of privacy
pdf (58.69 KB)
A speech by Privacy Commissioner Karen Curtis, for the Safeguarding Australia Conference, Tuesday 12 July.
2002
Privacy and Security
pdf (20.45 KB)
a speech delivered by Malcolm Crompton, Privacy Commissioner, to the Security in Government Conference, organised by the Attorney-General''s Department, Canberra, 12 April 2002.
Submissions
2010
Review of Part 1D of the Crimes Act 1914 (Cth); Submission to the Attorney General's Department (February 2010)
pdf (503.33 KB)
2009
Discussion Paper - A Working with Vulnerable People Checking System for the ACT; Submission to the ACT Department of Disability, Housing and Community Services (October 2009)
pdf (296.19 KB)
Exposure Draft - Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2009; Submission to the Attorney-General's Department (August 2009)
pdf (371.73 KB)
Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [Provisions]; Submission to the Senate Legal and Constitutional Affairs Committee (August 2009)
pdf (209.64 KB)
Submission to the Senate Legal and Constitutional Affairs Committee on the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [Provisions] (August 2009)
Draft Model Spent Convictions Bill 2008; Submission to the Australian Government Attorney-General's Department (January 2009)
pdf (114.65 KB)
January 2009 Our reference: 2005/ 182-1 Ms Sarah Chidgey Assistant Secretary Criminal Law Branch Attorney-Generals Department Robert Garran Offices Nation...
2008
Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]; Submission to the Senate Legal and Constitutional Affairs Committee (September 2008)
pdf (2.04 MB)
September 2008 Mr Peter Hallahan Committee Secretary Senate Legal and Constitutional Committee Department of the Senate PO Box 6100 Parliament House Canberra ACT 2600 Dear Mr Hallahan INQUIRY INT...
Australian Government E-security Review; Submission to the Attorney-General's Department (August 2008)
pdf (275.06 KB)
August 2008 Executive Summary The Office supports the development of an e-security framework that responds appropriately and proportionately to existing and emerging e-security risks. Effective privacy protections for information and communication technologies will both depend on, as well as support, strong...
Draft Report on the Control of Chemicals of Security Concern; Submission to COAG Review of Hazardous Materials Steering Committee (April 2008)
pdf (83.9 KB)
April 2008 Office of the Privacy Commissioner 1. The Office of the Privacy Commissioner (''the Office'') is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (''the Privacy Act''), has responsibilities for the protection of individuals personal i...
Telecommunications (Interception and Access) Amendment Bill 2008; Submission to the Senate Legal and Constitutional Affairs Committee (April 2008)
pdf (162.31 KB)
April 2008 Office of the Privacy Commissioner 1. The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act), has responsibilities for the protection of individuals personal infor...
2007
Inquiry into 'Future impact of serious and organised crime on Australian society': Submission to Parliamentary Joint Committee on the Australian Crime Commission (August 2007)
pdf (60.03 KB)
Telecommunications (Interception and Access) Amendment Bill 2007; Submission to the Senate Legal and Constitutional Affairs Committee (July 2007)
pdf (51.98 KB)
Draft Consolidated Anti-Money Laundering & Counter-Terrorism Financing Rules; Submission to AUSTRAC (March 2007)
pdf (107.25 KB)
Submission to AUSTRAC March 2007 COMMENTS PROVIDED BY THE OFFICE OF THE PRIVACY COMMISSIONER ON THE DRAFT CONSOLIDATED AML/CTF RULES Privacy of personal information Customer credit history Clarity and consistency Low-risk services and risk assessment Increased guidance for reporting e...
Inquiry into the AusCheck Bill 2006; Submission to the Senate Legal and Constitutional Affairs Committee (February 2007)
Submission to the Senate Legal and Constitutional Affairs CommitteeFebruary 2007 Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act) has re...
Inquiry into the AusCheck Bill 2006 - Questions on Notice Supplementary Submission
pdf (38.26 KB)
QUESTIONS ON NOTICE QUESTION 1 Received from Senator KIRK: The Senator asked the Office of the Privacy Commissioner to provide the committee with a form of words regarding how clause 5(d) could be re drafted to reflect the Offices comments that it could benefit from being referenced to the risk associated with particular appoin...
Exposure Draft of the Telecommunications (Interception and Access) Amendment Bill 2007; Submission to the Australian Attorney-General's Department (February 2007)
pdf (54.19 KB)
Submission to the Australian Attorney-Generals Department February 20071. Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth), has responsibilities for...
2006
Inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006; Submission to the Senate Legal and Constitutional Affairs Committee (November 2006)
pdf (56.25 KB)
Submission to the Senate Legal and Constitutional Affairs Committee November 2006Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body responsible for promoting an Australian culture that respects privacy. The Office, established under the Privacy Act 1988 (Cth) (the Pr...
Review of Australia's Mutual Assistance Law and Practice; Submission to the Attorney-General's Department (October 2006)
pdf (135.12 KB)
Submission to the Attorney-Generals Department October 2006 Summary Office of the Privacy Commissioner Background and Discussion Paper Overview of the Privacy Commissioners Extradition Submission Response to Issues Raised Issue 3: Grounds for Refusal Issu...
Consultation on the second exposure draft of the Anti-Money Laundering and Counter-Terrorism Funding Bill 2006; Submission to the Attorney-General's Department (August 2006)
pdf (153.21 KB)
Submission to the Attorney-General''s Department August 2006 Table of Contents Table of Contents Background Access to AUSTRAC information by designated agencies Access to AUSTRAC information by state and territory agencies Reporting Entities Privacy regulation for small businesses...
Extradition and Mutual Assistance Treaties with Malaysia; Submission to the Joint Standing Committee on Treaties (August 2006)
pdf (80.11 KB)
Our reference: 2006-0047-01 Mr James Rees Committee Secretary Joint Standing Committee on Treaties Parliament House CANBERRA, ACT 2600 Dear Mr Rees EXTRADITION AND MUTUAL ASSISTANCE TREATIES WITH MALAYSIA I refer to your letter of 27 June 2006 inviting my Office to make a submission to the J...
Review of the Proceeds of Crime Act 2002; Submission to Mr Tom Sherman AO, Independent Reviewer appointed by the Minister for Justice and Customs (May 2006)
pdf (49.1 KB)
Our reference: 2002/111 Mr Tom Sherman AO c/- Attorney-Generals Department Robert Garran Offices National Circuit Barton, ACT 2600 Dear Mr Sherman Submission to the Review of the Proceeds of Crime Act 2002 I refer to your letter of 12 April 2006, inviting the Office of the Privacy Commission...
Consultation on the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005; Submission to the Attorney-General's Department (April 2006)
pdf (117.35 KB)
Submission by the Office of the Privacy Commissioner to the Attorney-Generals Department April 2006 Summary Consultation on the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 Office of the Privacy Commissioner Introduction Scope of existing regulation Scope and effect o...
Review of Extradition Arrangements; Submission to the Attorney-General's Department (March 2006)
pdf (80.23 KB)
Submission by the Office of the Privacy Commissioner March 2006 Executive Summary Submission to the Attorney-Generals Department Review of Extradition Arrangements Introduction Terms of reference Privacy, security and effective law enforcement Australias international obligations...
Inquiry into the provisions of the Telecommunications (Interception) Amendment Bill 2006; Submission to the Senate Legal and Constitutional Legislation Committee (March 2006)
pdf (24.79 KB)
Our reference: 05-0124-01hc Senator Marise Payne Chair, Senate Legal and Constitutional Legislation Committee Department of the Senate Parliament House Canberra ACT 2600 Dear Senator Payne Inquiry into the provisions of the Telecommunications (Interception) Amendment Bill 2006 Than...
2004
Submission: Senate Legal and Constitutional Committee Inquiry into the Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 (June 2004) - Supplementary submission
pdf (27.73 KB)
Our reference: 04-0076-01hc Senator Marise Payne Chair Senate Legal and Constitutional Legislation Committee Room S1.61, Parliament House Canberra ACT 2600 AUSTRALIA Dear Senator Payne Inquiry into the provisions of the Telecommunications (Interception) Amendment (Stored Commun...
2003
Submission: ALRC/AHEC Genetics Inquiry (February 2003)
pdf (154.26 KB)
Submission on Joint Inquiry into the Protection of Human Genetic Information to the Australian Law Reform Commission/Australian Health Ethics Committee February 2003
2000
Submission: Crimes Amendment (Forensic Procedures) Bill 2000 (November 2000)
pdf (17.18 KB)
November 2000 Submission of the Office of the Privacy Commissioner 1. The Crimes Amendment (Forensic Procedures) Bill 2000 (the Amendment Bill) will enable Commonwealth law enforcement agencies to collect DNA samples from individuals in relation to Commonwealth offences. One of the primary purposes of the Amendme...



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