Principle 1—Collection
1 Principle 1—Collection
In these Principles—
Sch. 1 def. of sensitive information amended by No. 31/2024 s. 61.
sensitive information means information or an opinion about an individual's—
racial or ethnic origin; or
political opinions; or
membership of a political association; or
religious beliefs or affiliations; or
philosophical beliefs; or
membership of a professional or trade association; or
membership of a trade union; or
sexual orientation or practices; or
criminal record—
that is also personal information;
Sch. 1 def. of unique identifier amended by No. 60/2017 s. 34(1).
unique identifier means an identifier (usually a number) assigned by an organisation to an individual uniquely to identify that individual for the purposes of the operations of the organisation but does not include an identifier that consists only of the individual's name and does not include an identifier within the meaning of the Health Records Act 2001.
1.1 An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2 An organisation must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time (or, if that is not practicable, as soon as practicable after) an organisation collects personal information about an individual from the individual, the organisation must take reasonable steps to ensure that the individual is aware of—
the identity of the organisation and how to contact it; and
the fact that the individual is able to gain access to the information; and
the purposes for which the information is collected; and
to whom (or the types of individuals or organisations to which) the organisation usually discloses information of that kind; and
any law that requires the particular information to be collected; and
the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, an organisation must collect personal information about an individual only from that individual.
1.5 If an organisation collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in IPP 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.
This Act’s bill:Explanatory memorandumSecond reading speech
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