Your Privacy and Government
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This page gives you information about how Australian and Australian Capital Territory government agencies must comply with the Privacy Act 1988(Cth)and the Information Privacy Principles when they handle personal information about you.
The eleven Information Privacy Principles in the federal Privacy Act set out the way Australian and ACT government agencies must collect personal information, the quality of the information, how it is kept secure and how the information is used and disclosed.
The Information Privacy Principles also give you the right to access and correct information and to make a complaint if you think your personal information has been mishandled.
This page also includes information about how the federal Privacy Act gives some protection to Tax File Numbers and credit information. The Privacy Commissioner also has special responsibilities in regard to national health, spent convictions, data-matching and telecommunications.
The Government page has more information about federal privacy law and Australian and ACT government agencies.
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Your privacy and the Information Privacy Principles
The Privacy Act has eleven Information Privacy Principles which protect the way your personal information is handled by Australian and ACT government agencies.
These principles cover the collection, storage and security, access and correction, accuracy, relevance and use and disclosure of personal information. You also have the right to make a complaint if you think personal information about you has been mishandled by one of these agencies.
The Information Privacy Principles - a summary
This is a summary of the eleven Information Privacy Principles (IPPs). For the full text of the IPPs click on this link: Information Privacy Principles.
IPP 1: Manner and purpose of collection
The information must be necessary for the agency's function and collected fairly and lawfully.
IPP 2: Seeking information directly from the individual
This is often called an IPP 2 notice. The agency must tell you the purpose of the collection, any laws which given them authority to collect the information and who they usually disclose or give the information to.
IPP 3: Collecting information generally
The information must be relevant, up to date and complete. The collection must not be unreasonably intrusive.
IPP 4: Security and storage
Outlines how the agency must keep your information safe.
IPPs 5 - 7: Access and Amendment (correction)
Generally, these principles require agencies to take certain steps to give you access to personal information they hold about you and amend or correct the information.
IPPs 8 - 10: Use Principles
These principles outline the rules about keeping accurate, complete and up-to-date personal information; using information for a relevant purpose; and only using the information for another purpose with your consent unless special circumstances apply such as health and safety or law enforcement.
IPP 11: Disclosure
This principle sets out when an agency can disclose personal information about you to someone else, for example another agency.
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What do Australian and ACT agencies have to do?
Generally, they have to make sure you understand:
- the purpose for which they are collecting your personal information;
- who they are going to give it to;
- any laws that which say they must collect or that allow them to collect the information;
Agencies must also make sure that they collect your personal information in a fair and lawful way, and that the personal information they hold on you is accurate, up-to-date, complete and secure.
There are special rules for how the agencies can use or disclose personal information about you.
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How do the Information Privacy Principles help me?
Generally, the Information Privacy Principles give you the right to:
know why your personal information is being collected, any law authorizing the collection and who it will be given to;
have access to your records
have inaccurate information about you amended;
be sure that otherwise, information about you can only be used for particular reasons, such as threats to life or health;
be sure that otherwise, information about you can only be disclosed for particular reasons, such as threats to life or health.
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Do you have a privacy problem?
If you think an agency has mishandled your personal information, you should try and work out the matter with the agency in question before making a complaint to the Privacy Commissioner. Please got to our complaints page for more information about making a complaint to the Office.
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Other privacy protection
The Privacy Act also protects personal information about you in other ways:
Tax File Numbers
The Privacy Act protects your tax file number. It prevents the number being used as an identifier and gives you the right not to provide your tax file number.
When you do provide your tax file number, it can only be used for tax related, assistance agency and superannuation purposes.
Under the Privacy Act, the Privacy Commissioner issues and administers legally binding guidelines about tax file numbers. Federal Privacy Law has more information about tax file numbers.
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Spent convictions
If you have an old minor or spent conviction you are protected in certain circumstances under Part VIIC of the Crimes Act 1914 (Cth), often called the "Spent Convictions Scheme".
The scheme sets out rules about when you can disregard or not pass on information about some old criminal convictions. It also provides protection against unauthorised use and disclosure of this information. The scheme covers convictions for minor federal, state and foreign offences. The scheme also covers pardons and quashed convictions.
The Privacy Commissioner has the power to investigate breaches of the legislation, and must provide advice to the Attorney-General in relation to exemptions under the Scheme.
Federal Privacy Law page has more information about Spent Convictions.
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The Data-Matching program
Data matching between the Tax Office and assistance agencies such as Centrelink and the Department of Veteran's Affairs is regulated under the Data-Matching Program (Assistance and Tax) Act 1990
Data-matching happens when agencies compare personal information they have collected. The 'matching' ensures that people are receiving the correct benefit and detects overpayments and ineligibility for assistance.
Under the Privacy Act, the Privacy Commissioner is responsible for issuing Guidelines for protecting privacy, investigating complaints and monitoring the way these agencies conduct the data-matching programs.
The Federal Privacy Law page has more information about the Data-matching Program.
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National Health Guidelines
The Privacy Commissioner is required to issue Guidelines under the National Health Act 1953. These guidelines cover the storage, use, disclosure and retention of your claims information under the Pharmaceutical Benefits Scheme and the Medicare program.
The Privacy Commissioner has also issued Guidelines under sections 95 and 95A of the Privacy Act which have the force of law. These guidelines set standards, among other things, for medical research and the collection, use and disclosure of personal medical information.
The guidelines page of the Federal Privacy Law section has more information about these guidelines.
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Telecommunications
The Privacy Commissioner has some monitoring and compliance functions under the Telecommunications Act 1997.
Please go to the Federal Privacy Law section for more information.
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Who else protects privacy?
There are other agencies that can help you with privacy enquiries about State government bodies. Our State Privacy Laws page gives you more information about privacy in other Australian States and Territories.
Non-English speakers
Translating and Interpreting Service on 131 450. This is a free service.
Ask for the Office of the Privacy Commissioner on 1300 363 992.
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