Personal Information Protection Act 2004 (Tas)

Personal Information Protection Act 2004

An Act to regulate the collection, maintenance, use, correction and disclosure of personal information relating to individuals [Royal Assent 17 December 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Personal Information Protection Act 2004 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – basic personal information means the name, residential address, postal address, date of birth and gender of an individual; complaint means a complaint made under Part 4 ; employee information includes personal information about an individual who is, was or applies to be an employee relating to – (a) the selection, employment, training, discipline or resignation of the individual; or (b) the termination of the employment of the individual; or (c) the terms and conditions of employment of the individual; or (d) the performance or conduct of the individual in carrying out the duties or functions of employment; or (e) the suitability of the individual for appointment or for employment held by the individual; or (f) the hours of employment of the individual; or (g) the salary or wages of the individual; or (h) the membership of the individual of a professional association, trade association or trade union; or (i) the recreation leave, long service leave, sick leave, personal leave, maternity leave, paternity leave or other leave of the individual; or (j) information that supports employment statistical reporting and personnel planning; or (k) information in relation to employees as required by law; employment includes appointment or engagement to an office or position; health information means – (a) personal information or opinion about – (i) the physical, mental or psychological health at any time of an individual; or (ii) a disability at any time of an individual; or (iii) an individual's expressed wishes about the future provision of health services to him or her; or (iv) a health service provided, or to be provided, to an individual; or (b) other personal information collected to provide, or in providing, a health service; or (c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or (d) genetic information about an individual that is or may be predictive of the health at any time of the individual or any of his or her descendants – other than prescribed information, a prescribed class of information or information contained in a prescribed class of documents; health service means an activity, other than a prescribed activity, performed in relation to an individual that is intended or claimed by the individual or the person performing it – (a) to assess, maintain or improve the individual's health; or (b) to diagnose the individual's illness, injury or disability; or (c) to treat the individual's illness, injury or disability or suspected illness, injury or disability; or (d) to dispense on prescription a drug or medical preparation; or (e) to provide a disability service, palliative care service or aged care service; or (f) to provide a prescribed service or a prescribed class of service in conjunction with any activity referred to in paragraph (a) , (b) , (c) , (d) or (e) ; identifier means anything assigned by a personal information custodian to identify an individual for its operations, other than a name or ABN as defined in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth; law enforcement agency means any of the following: (a) a police force or police service of – (i) the Commonwealth; or (ii) this State; or (iii) any other State or a Territory of the Commonwealth; or (iv) any country; (b) the Australian Crime Commission; (c) a commission established or appointed under any Act of this State or any other State or a Territory of the Commonwealth or of the Commonwealth to investigate matters relating to criminal activity generally or of a specified class; (d) a personal information custodian responsible for the performance of functions relating to – (i) the prevention, detection, investigation or prosecution of criminal offences or other offences that impose a penalty or sanction; or (ii) the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime or the enforcement of such a law; (e) an agency established under the Public Service Act 1999 of the Commonwealth responsible for the performance of functions relating to – (i) the prevention, detection, investigation or prosecution of criminal offences or other offences that impose a penalty or sanction; or (ii) the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime or the enforcement of such a law; (f) a personal information custodian or an individual or body contracted by a personal information custodian responsible for the execution or implementation of an order, decision or determination of a court or tribunal; (g) a personal information custodian – (i) responsible for the issue of warrants; or (ii) that provides correctional services; or (iii) responsible for decisions relating to the release of persons from custody; (h) a personal information custodian responsible for the protection of public revenue under any Act; (i) a personal information custodian responsible for the administration or performance of a function under a law that imposes a penalty or sanction; (j) the Attorney-General; (k) the Solicitor-General appointed and holding office under the Solicitor-General Act 1983 ; (l) the Director of Public Prosecutions appointed and holding office under the Director of Public Prosecutions Act 1973 ; (la) the State Litigator; (m) the Ombudsman; (ma) the Anti-Discrimination Commissioner appointed under the Anti-Discrimination Act 1998 ; (n) a prescribed organisation; law enforcement information means information referred to in section 30 of the Right to Information Act 2009 ; Ombudsman means the person appointed and holding office under the Ombudsman Act 1978 ; personal information means any information or opinion in any recorded format about an individual – (a) whose identity is apparent or is reasonably ascertainable from the information or opinion; and (b) who is alive or has not been dead for more than 25 years; personal information contract means a contract between a personal information custodian and another person (whether a personal information custodian or not) relating to the collection, use or storage of personal information; personal information custodian means any of the following: (a) a public authority; (b) any body, organisation or person who has entered into a personal information contract relating to personal information; (c) a prescribed body; personal information protection principles means the personal information protection principles referred to in section 16 ; public authority has the same meaning as in the Right to Information Act 2009 ; public information means any personal information that is – (a) contained in a publicly available record or publication; or (b) taken to be public information under any Act; record means a record in any format; sensitive information means – (a) personal information or an opinion relating to personal information about an individual's – (i) racial or ethnic origin; or (ii) political opinions; or (iii) membership of a political association; or (iv) religious beliefs or affiliations; or (v) philosophical beliefs; or (vi) membership of a professional or trade association; or (vii) membership of a trade union; or (viii) sexual preferences or practices; or (ix) criminal record; and (b) health information about an individual; State Archivist has the same meaning as in the Archives Act 1983 .