Information Privacy Act 2009

This Act may be cited as the Information Privacy Act

2009.

This Act commences on a day to be fixed by proclamation.

The primary object of this Act is to provide for the fair collection and handling in the public sector environment of personal information.

The Act must be applied and interpreted to further the primary object.

This Act applies to the collection of personal information, regardless of when it came into existence, and to the storage, handling, accessing, amendment, management, transfer, use and disclosure of personal information regardless of when it was collected.

This Act is intended to operate subject to the provisions of other Acts regulating—

the collection, storage, handling, accessing, amendment, management, transfer and use of personal information; or

the disclosure, within the meaning of section 23, of personal information.

Without limiting subsection (1), the operation of

QPPs 6.1 and 6.2(d) and the permitted health situation mentioned in schedule 4, section 5 do not override any law with respect to assisted and substituted decision-making, including, for example, the Guardianship and

Administration Act 2000 and the Powers of Attorney Act

1998.

This Act does not affect the provisions of other

Acts regulating the disposal of information (however described).

This Act binds the State.

The dictionary in schedule 5 defines particular words used in this Act.

Personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable from the information or opinion—

whether the information or opinion is true or not; and

whether the information or opinion is recorded in a material form or not.

Personal information is held by a relevant entity, or the entity holds personal information, if the personal information is contained in a document in the possession, or under the control, of the relevant entity.

In this Act, a document does not include a document to which the privacy principle requirements do not apply.

In this Act, a document to which the privacy principle requirements do not apply means a document mentioned in schedule 1.