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Privacy Act 1988 [Aug. 2nd, 2007|08:37 pm]
Bob Bain
[Current Mood |pensivepensive]

This is a link to the Privacy Act 1988

Link to the Act...

sensitive information means:

(a) information or an opinion about an individual’s:

(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;

that is also personal information; or

(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information


10.1 An organisation must not collect sensitive information about an individual unless:

(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or (ii) physically cannot communicate consent to the collection; or
(d) if the information is collected in the course of the activities of a non-profit organisation—the following conditions are satisfied:

(i) the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;

(ii) at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that the organisation will not disclose the information without the individual’s consent; or

(e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.


Other statutes of New South Wales apply. This is primarily a note to myself regarding the law(s) of the Commonwealth of Australia and pertinent laws of the State of New South Wales which prohibit (in certain cases) the dissemination of information mentioned above.