Information Privacy Act 2014

Personal information other than sensitive information

3.1 A public sector agency must not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 3, s 3.2).

Sensitive information

3.3 A public sector agency must not collect sensitive information about an individual unless—

the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities; or

TPP 3.4 applies in relation to the information.

Note The equivalent provision in the Commonwealth APPs also applies to certain private sector entities (see Commonwealth APP 3, s 3.3 (a) (ii)).

3.4 This subsection applies in relation to sensitive information about an individual if—

the collection of the information is required or authorised by or under an Australian law or a court or tribunal order; or

a permitted general situation exists in relation to the collection of the information by the public sector agency; or

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 3, s 3.4 (c)).

the public sector agency is an enforcement body and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to—

 the Commonwealth Immigration Department (see Commonwealth APP 3, s 3.4 (d) (i)); and

 non-profit organisations (see Commonwealth APP 3, s 3.4 (e)).

Means of collection

3.5 A public sector agency must collect personal information only by lawful and fair means.

3.6 A public sector agency must collect personal information about an individual only from the individual unless—

either—

the individual consents to the collection of the information from someone other than the individual; or

the agency is required or authorised by or under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or

it is unreasonable or impracticable to do so.

Note The equivalent provision in the Commonwealth APPs applies, in part, to certain private sector entities.

Solicited personal information

3.7 TPP 3 applies to the collection of personal information that is solicited by a public sector agency.