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On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

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From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date.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.

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Notice of receipt of application to replace PID 9

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COLLECTION BY HEALTH SERVICE PROVIDERS OF FAMILY AND SOCIAL MEDICAL HISTORY INFORMATION FOR THE DIAGNOSIS, TREATMENT OR CARE OF AN INDIVIDUAL

Notice of Receipt of Application for a Public Interest Determination under the Privacy Act 1988 and notice of intended consultation process.

The Privacy Commissioner has received an application from Dr Tony Hobbs, a health service provider in the private sector, for a Public Interest Determination under section 73 of the Privacy Act 1988 (Cth) (the Privacy Act).

Dr Hobbs' application indicates a concern that, in the absence of a Public Interest Determination, the accepted practice of collecting social and medical histories during the course of providing a health service may breach the National Privacy Principles.

This practice is currently permitted by Public Interest Determination (PID) 9 and an accompanying Determination that provides general effect to PID 9. These Determinations are both due to expire on 10 December 2007. In limited circumstances, the Privacy Act enables the Privacy Commissioner to examine a matter and, if appropriate, to issue a Public Interest Determination that permits certain activities that may otherwise breach the National Privacy Principles.

The Privacy Commissioner will consider the application for a Public Interest Determination in accordance with Part VI of the Privacy Act. To that end, interested parties are invited to make submissions on this application, including any comments on the scope and nature of a Determination. People making submissions may find it helpful to consider the current Determinations.

Subsequent to the closure of the submissions period, the Privacy Commissioner may develop a draft Public Interest Determination and a conference may be held involving the applicant and other persons the Privacy Commissioner thinks appropriate.

Copies of relevant information, including the application, the existing Determinations and the Privacy Commissioner's Public Interest Determination Guidelines are available from the Office of the Privacy Commissioner.

Submissions are required by 4 October 2007 and should be sent to consultation@privacy.gov.au or GPO Box 5218 Sydney NSW 2001. Submissions may be published by the Office. Please indicate if the submission is confidential.

Enquiries line: 1300 363 992

Internet: www.privacy.gov.au