Privacy Law

Definitions 2

Permitted General Situation

There are some APP’s that do not apply if a permitted general situation arises. These situations are described in section 16A. These include:

  • lessening or preventing a serious threat to the life, health or safety of any individual, or to public health or safety

  • taking appropriate 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 process

 

Permitted Health Situation

APP’s 3 and 6 do not apply where a permitted health situation arises. These situations are described in section n16B and include:

  • Where it is necessary to provide a health service to the individual, and either collection is required or authorised by law or the information is collected in compliance with rules of a competent medical body that deals with obligations of professional confidentiality, which bind the organisation.

  • Where collection is necessary for medical research or statistical analysis, or management funding and monitoring of a health service, and where de-identified information is useless, it is impracticable to obtain the individual’s consent, and either collection is required by law, or collection is done according to the rules of a medical body, or it is done under guidelines approved under section 95A....

     

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Personal Information

Personal information is defined as any ‘information or opinion about an identified individual, or an individual who is readily identifiable. It is irrelevant whether the information is true or not and whether it is recorded in a material form. It can be just a belief held by someone.

 

Primary Purpose

The purposes for the use and disclosure of personal information is divided into the primary purpose and secondary purposes. The primary purpose is that for which the information was provided. An organisation is free to deal with information for that purpose.

 

Reasonable Expectation

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Reasonable Step

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Secondary Purpose

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Sensitive Information

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