The Law Handbook 2024

Chapter 12.2: Privacy and your rights 1117 The exemption does not apply to personal information collected for non-judicial functions (e.g. for the maintenance of staff records and general administrative matters). • Royal commissions, boards of inquiry and formal reviews (s 10A). This exemption only applies when personal information is collected in connection with the function of a Royal commission, board or review. • Parliamentary committees (s 11). This exemption applies when personal information is collected in connection with the function of a parliamentary committee. • Publicly available information . This exemption applies to publications that are generally available to the public (e.g. telephone directories). This exemption includes documents kept in libraries, galleries and museums for research; public records under the control of the Keeper of the Public Records and available for public inspection under the Public Records Act 1973 (Vic); and archives within the meaning of the Copyright Act 1968 (Cth) (s 12). Public registers are only partially exempt under this provision (s 12(2)): under section 20(2), organisations administering a public register must ‘so far as is reasonably practicable’ comply with the IPPs. • Organisations subject to the Freedom of Information Act 1982 (Vic) (‘FoI Act (Vic)’) . These organisations do not have to comply with IPP 6 if they are exempt from the FoI Act (Vic). This exemption clarifies that the PDP Act does not limit the operation of the FoI Act (Vic). Private sector organisations contracted to provide services on the government’s behalf are not subject to the FoI Act (Vic) and have to comply with IPP 6. • Law enforcement agencies . These agencies are exempt from complying with some of the IPPs if non-compliance is necessary to carry out law enforcement activities. ‘Law enforcement agency’ is defined in the PDP Act (s 3). Law enforcement agencies include state police forces, the Australian Federal Police, the Commissioner for Corrections, agencies carrying out correctional services, the sheriff, and the Independent Broad- based Anti-corruption Commission ( IBAC ). The exemption is only partial. The agency claiming the exemption must be carrying out a law enforcement function at the time of handling • IPP 7: Unique identifiers Organisations cannot adopt or share unique identifiers (i.e. a number or other code associated with an individual’s name, such as a driver licence number) except in certain circumstances, such as where the adoption of a unique identifier is necessary for the organisation to carry out its functions, or where consent is given. • IPP 8: Anonymity If it is lawful and feasible, organisations must give individuals the option of not identifying themselves (i.e. remaining anonymous) when they engage with the organisation. • IPP 9: Transborder data flows An organisation may not transfer personal information outside Victoria unless the recipient of the information is subject to privacy standards that are similar to the PDP Act, or in other limited circumstances. The privacy rights an individual has in Victoria remain, despite the information being transferred to another jurisdiction. • IPP 10: Sensitive information An organisation can only collect sensitive information in restricted circumstances or with consent. ‘Sensitive information’ (defined in sch 1 PDP Act) includes information about an individual’s race or ethnicity, political views, religious and philosophical beliefs, sexual preferences, criminal record, or membership of a trade union, or a political or professional association. Detailed guidelines on the IPPs are available at www. ovic.vic.gov.au/privacy/resources-for-organisations/ guidelines-to-the-information-privacy-principles/. Exemptions from the Victorian Information Privacy Principles and data security standards The PDP Act exempts particular information handling acts and practices, and the handling of specific categories of personal information, from compliance with the IPPs. These exemptions apply to: • Judicial and quasi-judicial functions of courts and tribunals (s 10). This exemption also applies to court registries and other court/tribunal staff carrying out their duties.