Public interest directions
The NSW Privacy Commissioner has renewed the following Public Interest Directions made under s41(1) of the Privacy and Personal Information Protection Act 1998 (PPIPA).
The Directions waive or modify the requirement for the Department to comply with Information Protection Principles (IPPs) in certain circumstances. A brief description of the Directions is provided below. A Direction should be read in full before acting in reliance upon any exception identified in the summary.
Direction relating to the Redfern Waterloo Case Coordination Project(PDF)
Allows the Department of Education and Communities (DEC) and other agencies participating in the Project not to comply with sections 8(1), 9, 10, 17 18 and 19 of the PPIPA when the collection, use and disclosure of personal information is reasonably relevant and necessary in meeting the objects of the Project. (A corresponding direction has been made under s62 Health Records and Information Privacy Act 2002 and applies to the collection, use and disclosure of health information.)
Direction relating to the collection of personal information about third parties by NSW public sector (Human Services) agencies from their clients(PDF)
Applies to a number of public sector agencies including DEC in the delivery of client services. It authorises non-compliance with sections 9 and 10 of PPIPA to allow for the collection of information from an individual about a third party.
Direction on disclosures of information by NSW public sector agencies to the National Coronial Information System (NCIS)(PDF)
Applies to all public sector agencies and authorises the disclosure of personal information to the NCIS which would otherwise be in breach of section 18 of the PPIPA.
Direction on disclosures of information by public sector agencies for research purposes(PDF)
Applies to all public sector agencies including DEC and allows for the disclosure of personal information held by the agency for research which has been approved by an ethics committee, where disclosure would otherwise be in breach of sections 18 and 19 of the PPIPA.
Direction on the disclosures of information to victims of crime(PDF)
Applies to particular public sector agencies including DEC and allows them to depart from sections 9,10,17,18 and 19 of the PPIPA to the extent necessary to provide information about an offender to individuals who are a victim of crime or a family victim.
Direction for the Department of Families and Community Services and associated agencies
Applies to divisions within Family and Community Services, DAGJ and the Aboriginal Affairs division within DEC. In summary, it allows for the modification of sections 9, 10, 14, 15, 17, 18 and 19 of the PPIPA to provide for the involvement of guardians or next most appropriate person where an individual does not have capacity to consent to collection, use or disclosure of their personal information.
Direction on processing of personal information by public sector agencies in relation to their investigative functions(PDF)
Allows public sector agencies, including DEC, not to comply with collection, amendment, access, use and disclosure IPPs, in certain circumstances and when it is reasonably necessary for the proper exercise of the department's investigative functions.
Direction on information transfers between public sector agencies(PDF)
Allows public sector agencies, including DEC to exchange personal information with other NSW public sector agencies where it is reasonably necessary for the performance of agreements, law enforcement purposes, auditing the accounts or performance of an agency, referring inquiries between agencies and to handle and respond to correspondence from Ministers or Members of Parliament.