Identity Verification Services Act 2023

The Department may collect identification information (whether or not it is sensitive information as defined in the Privacy Act 1988) that relates to an individual from someone other than the individual, if the collection:

is for a purpose described in subsection (2); and

is covered by subsection (3), (4) or (5).

One effect of this section is that such collection of identification information is authorised for the purposes of provisions of Australian Privacy Principle 3, such as paragraph 3.4(a) (about sensitive information) and subparagraph 3.6(a)(ii) (about personal information).

The purposes for which identification information may be collected under this section (or used or disclosed under section 28) are as follows:

providing a DVS and FVS for the purpose of verifying the identity of a person;

providing an FVS or FIS for the purpose of protecting a shielded person or someone else associated with such a person;

developing identity verification services, or facilities for providing those services, for the purpose mentioned in paragraph (a) or (b) (as applicable);

developing, operating or maintaining the NDLFRS.

This subsection covers collection of DVS information by means of an electronic communication to the DVS hub requesting provision of a DVS or responding to a request for provision of a DVS.

This subsection covers collection of identification information by means of an electronic communication to the Face Matching Service Hub that:

requests provision of an identity verification service; or

responds to a request for provision of an identity verification service; or

supplies the information to a database in the NDLFRS.

This subsection covers collection of identification information by means of an electronic communication to the NDLFRS that:

requests provision of an identity verification service; or

supplies the information to a database in the NDLFRS.

This section does not, by implication:

authorise the disclosure of identification information to the Department; or

affect whether another provision of a law of the Commonwealth or of a State or Territory providing for collection of information authorises (by implication) disclosure of that information to the person or body authorised by that provision to collect it.