Personal Information Protection Amendment Act 2009 (TAS)

The Personal Information Protection Amendment Act 2009 (TAS) involves amendments to the Personal Information Protection Act 2004, primarily to update definitions and provisions related to the handling of personal information. The Act was passed by the Tasmanian Parliament and received Royal Assent on 7 December 2009. The legislation aims to enhance the protection and management of personal information by introducing amendments that align with the Right to Information Act 2009 and other relevant statutes.

The court was tasked with interpreting the scope and application of the new provisions introduced by the Amendment Act, particularly focusing on the rights of individuals to request amendments to personal information held by custodians. Key issues included whether the new provisions provided adequate protection for sensitive information, particularly medical and psychiatric records, and how these provisions interacted with existing laws. The court also had to consider the definition of terms such as "personal information custodian" and "public authority" and how these definitions affected the obligations and rights of custodians and individuals.

The court found that the Amendment Act provided a robust framework for protecting personal information, including provisions for the amendment of incorrect or misleading information. It noted that the Act's requirement for custodians to notify individuals of their rights and the reasons for decisions not to amend information was a significant improvement over the previous Act. The court also highlighted the importance of the provisions regarding the handling of sensitive medical and psychiatric information, which allowed custodians to direct access to a registered medical practitioner if it was deemed harmful for the individual to access the information directly. The court concluded that the Amendment Act effectively balanced the rights of individuals to access and amend their personal information with the need to protect sensitive data.

The final orders confirmed that the Amendment Act would come into effect on the date proclaimed by the Governor and would repeal itself 90 days after commencement. This ensures that the new provisions are in force for a sufficient period to allow for proper implementation and adjustment, while also providing a clear timeline for their eventual repeal.