Information Privacy Act 2009 (Qld)

Information Privacy Act 2009

An Act to provide safeguards for the handling of personal information in the public sector environment

Chapter 1    Preliminary

Part 1    Introductory

1   Short title

This Act may be cited as the Information Privacy Act 2009.

2   Commencement

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

3   Object of Act

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

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

6   Scope of personal information under this Act

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.

7   Relationship with other laws regulating personal information

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

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

(b)the disclosure, within the meaning of section 23, of personal information.

(2)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.

8   Relationship with other Acts regulating disposal of information

This Act does not affect the provisions of other Acts regulating the disposal of information (however described).

10   Act binds State

This Act binds the State.

Part 2    Interpretation

11   Definitions

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

12   Meaning of personal information

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

(a)whether the information or opinion is true or not; and

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

13   Meaning of held or holds in relation to personal information

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.

15   Meaning of document

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

16   Meaning of 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.

18   Meaning of agency

(1)In this Act, an agency means—

(a)a Minister; or

(b)a department; or

(c)a local government; or

(d)a public authority.

(2)However, in this Act, agency does not include an excluded entity.

(3)For…