Privacy and Data Protection Act 2014

In this Act—

applicable code of practice, in relation to an organisation, means an approved code of practice by which the organisation is bound;

approved code of practice means a code of practice approved under Division 3 of Part 3 as amended and in operation for the time being;

approved information usage arrangement means an information usage arrangement approved under Division 6 of Part 3;

S. 3 def. of authorised legal representative inserted by No. 11/2021 s. 164.

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

body means body (whether incorporated or not);

S. 3 def. of Chief Commis-sioner of Police amended by No. 60/2014 s. 129(a).

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014;

child means a person under the age of 18 years;

S. 3 def. of Commis-sioner repealed by No. 20/2017 s. 79(b).

* * * * *

Commonwealth-regulated organisation means an agency within the meaning of the Privacy Act 1988 of the Commonwealth and to which that Act applies;

consent means express consent or implied consent;

contracted service provider means a person or body who provides services under a State contract;

correct, in relation to personal information, means alter that information by way of amendment, deletion or addition;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 80).

Council has the same meaning as in the Local Government Act 2020;

crime statistics data means—

crime statistics data system means a database kept by the Chief Statistician (whether in computerised or other form and however described) containing crime statistics data;

current certificate means a certificate issued under section 55(1) that has not expired or been set aside;

data security standards means—

de-identified, in relation to personal information, means personal information that no longer relates to an identifiable individual or an individual who can be reasonably identified;

enactment means an Act or a Commonwealth Act or an instrument of a legislative character made under an Act or a Commonwealth Act;

Federal Privacy Commissioner means the Privacy Commissioner appointed under the Australian Information Commissioner Act 2010 of the Commonwealth;

generally available publication means a publication (whether in paper or electronic form) that is generally available to members of the public and includes information held on a public register;

handling, in relation to personal information, means collection, holding, management, use, disclosure or transfer of personal information;

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

illness means a physical, mental or emotional illness, and includes a suspected illness;

S. 3 def. of Information Commis-sioner inserted by No. 20/2017 s. 79(a).

Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

information handling provision means a provision of an Act that permits handling of personal information—

Information Privacy Principle means any of the Information Privacy Principles set out in Schedule 1;

information usage arrangement has the meaning given by section 45;

S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 26.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

IPP means Information Privacy Principle;

S. 3 def. of law enforcement agency amended by Nos 60/2014 s. 129(b), 29/2016 s. 111, 57/2017 s. 50, 27/2018 s. 362, 31/2024 ss 51, 113(Sch. 1 item 26.1(b)).

law enforcement agency means—

S. 3 def. of law enforcement data amended by No. 60/2014 s. 129(c).

law enforcement data means any information obtained, received or held by Victoria Police—

S. 3 def. of law enforcement data security standards amended by No. 20/2017 s. 106(1)(a).

law enforcement data security standards means the standards issued, amended or reissued by the Information Commissioner under section 92;

S. 3 def. of law enforcement data system amended by No. 60/2014 s. 129(d).

law enforcement data system means a database kept by Victoria Police (whether in computerised or other form and however described) containing law enforcement data;

S. 3 def. of legal practitioner inserted by No. 20/2017 s. 79(a).

legal practitioner means an Australian legal practitioner;

S. 3 def. of member of staff inserted by No. 20/2017 s. 79(a).

member of staff, of the Office of the Victorian Information Commissioner, means a person employed or engaged under section 6Q of the Freedom of Information Act 1982;

S. 3 def. of notice to produce or attend inserted by No. 20/2017 s. 79(a).

notice to produce or attend means a notice issued under section 68 or 79, and includes a notice as varied under section 83B;

S. 3 def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 79(a).

Office of the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under the Freedom of Information Act 1982;

organisation means a person or body to which Part 3 applies under section 13;

parent, in relation to a child, includes—

personal information means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies;

personal privacy means privacy of personal information;

S. 3 def. of Privacy and Data Protection Deputy Commis-sioner inserted by No. 20/2017 s. 79(a).

Privacy and Data Protection Deputy Commissioner means the Privacy and Data Protection Deputy Commissioner appointed under section 8H;

protective data security plan means a plan prepared under section 89;

S. 3 def. of protective data security standards amended by No. 20/2017 s. 106(1)(b).

protective data security standards means the standards issued by the Information Commissioner under section 86 or amended or reissued under section 87;

public interest determination means a determination made under section 31;

public register means a document held by a public sector agency or a Council and open to inspection by members of the public (whether or not on payment of a fee) under an Act or regulation (other than the Freedom of Information Act 1982 or the Public Records Act 1973) containing information that—

public sector agency means a public service body or a public entity within the meaning of the Public Administration Act 2004;

public sector body Head has the meaning given in the Public Administration Act 2004;

public sector data means any information (including personal information) obtained, received or held by an agency or body to which Part 4 applies, whether or not the agency or body obtained, received or holds that information in connection with the functions of that agency or body;

public sector data system includes—

public service body Head has the meaning given in the Public Administration Act 2004;

State contract means a contract between an organisation, or a person, agency or body to which Part 4 or 5 of this Act applies, and another person or body (whether or not this Act or a Part of this Act applies to the person or body) under which services are provided to one party (the outsourcing party) by the other party (the contracted service provider) in connection with the performance of the functions of the outsourcing party, including services that the outsourcing party provides to other persons or bodies;

temporary public interest determination means a temporary public interest determination made under section 39;

third party, in relation to personal information, means a person or body other than the organisation holding the information and the individual to whom the information relates;

S. 3 def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 26.1(c)).

* * * * *

Victorian protective data security framework means the Victorian protective data security framework developed under section 85.