The Law Handbook 2024

Chapter 12.2: Privacy and your rights 1099 Note that the exemption does not apply to (the handling of) information about people who are applying for employment, or to (information handled about) contractors or volunteers. The original intention of the exemption was that matters of workplace privacy would be regulated through workplace relations law, wherever applicable. Journalism exemption Journalistic activities and practices of media organisations are exempt from the PA 1988. A ‘media organisation’ is an organisation whose activities consist of the collection, preparation and dissemination of news, current affairs, information or documentaries. The media organisation must be publicly committed to observing published industry standards that deal with privacy. Examples of such standards include industry codes regulated by the Australian Communications and Media Authority and the Australian Press Council. Political exemption The political activities of registered political parties, members of parliament, and local government coun­ cillors are exempt from the PA 1988. For the purposes of the exemption, the political activities must have some connection with an election under electoral law, a referendum, or some other aspect of the political process. The political activities of contractors and vol­ unteers of registered political parties are also exempt. Permitted general situation exception Some APPs do not apply if a ‘permitted general situation’ exists. This exception applies to the collection of sensitive information (APP 3), the use and disclosure of personal information (APP 6, 8), and the use and disclosure of a government-related identifier (APP 9). The seven permitted general situations are: • lessening or preventing a serious threat to the life, health or safety of an individual – or to public health or safety – but only if it is unreasonable or impracticable to obtain consent; • taking action in relation to suspected unlawful activity or serious misconduct; • locating a person reported as missing; • asserting a legal or equitable claim; • conducting an alternative dispute resolution; • performing diplomatic or consular functions (only applies to agencies); and • conducting specified Australian Defence Force activities. State of emergency or state of disaster exemption If the prime minister, or another government minister, declares a state of emergency or a state of disaster, then under Part VIA of the PA 1988, an entity may collect, use and disclose personal information about an individual if the entity reasonably believes the individual is involved in the emergency or disaster and the collection, use and disclosure of personal information is for a permitted purpose in relation to the emergency or disaster. Public interest determinations Under Part VI of the PA 1988, the Information Commissioner can make a public interest determination if satisfied that an act or practice breaches one or more of the APPs or the Privacy (Australian Government Agencies – Governance) APP Code 2017 (Cth) (‘ APP Code ’) and that the public interest in doing that act or practice outweighs the public interest in complying with the APPs or APP Code. Where an application for a public interest determination raises issues that require an urgent decision, the commissioner can make a temporary public interest determination until the application has been decided. Enforcing the Privacy Act Where an entity breaches an APP, this is ‘an interference with the privacy of an individual’ under section 13(1) of the PA 1988. Part V of the PA 1988 gives the Information Commissioner the power to investigate possible interferences with privacy, on the commissioner’s own initiative or in response to a complaint. The commissioner can seek certain remedies for breaches of the APPs, including enforceable undertakings, injunctions, and civil penalty orders. Section 80W of the PA 1988 empowers the commissioner to apply to the Federal Court or Federal Circuit Court for an order that an entity is alleged to have contravened a civil penalty provision in the PA 1988. Each civil penalty provision specifies a maximum penalty for contravention of that provision,