Privacy Act 1988 - Part VI - Public Interest Determination No. 11B - Amendments to Public Interest Determinations No.s 11 and 11A - Collection and use of contact details of genetic relatives to enable use or disclosure of genetic information

Overview

Public Interest Determination No. 11B was enacted in 2010 under the authority of the Privacy Act 1988 (Cth). The primary objective of this determination is to correct typographical errors in the Statements of Reasons for two earlier determinations, PID 11 and PID 11A, which address the collection and use of contact details of genetic relatives to enable the use or disclosure of genetic information. The determination was made by the Privacy Commissioner, exercising powers conferred under section 72(2) of the Privacy Act. The Privacy Act provides for public interest determinations when the public interest in an organisation's actions that may breach a National Privacy Principle substantially outweighs the public interest in adhering to that Principle. The Privacy Commissioner's role in issuing PID 11B was to ensure clarity and accuracy in the documentation without altering the substance of the original determinations.

Scope and Application

Public Interest Determination No. 11B, issued under section 72(2) of the Privacy Act 1988 (Cth), pertains to the correction of typographical errors in the Statements of Reasons for Public Interest Determinations No. 11 and No. 11A. These earlier determinations addressed the collection and use of contact details of genetic relatives to enable the use or disclosure of genetic information. The authority to make PID 11B is derived from the same section of the Privacy Act, which allows the Privacy Commissioner to make written determinations regarding an organisation’s acts and practices in specific circumstances. This determination is a legislative instrument, and the power to amend or vary such instruments is exercised under similar conditions as the initial creation of the instrument. The Privacy Commissioner made PID 11B to avoid confusion stemming from the typographical errors in the previous determinations, without altering their operational effect. PID 11B applies to entities involved in the collection and use of genetic information, specifically targeting those whose practices may involve breaches of the National Privacy Principles. The jurisdictional reach of this determination is federal, aligning with the Commonwealth's regulatory framework for privacy. There are no exclusions, exemptions, or thresholds specified in PID 11B itself, though related determinations and the overarching Privacy Act may include such provisions.

Key Provisions

The Privacy Commissioner’s Public Interest Determination No. 11B (PID 11B) serves to correct typographical errors in the Statements of Reasons for two previous determinations, PID 11 and PID 11A, both made on 16 November 2010. The determination is issued under section 72(2) of the Privacy Act 1988 (Cth) (the Privacy Act) and is intended to ensure clarity and accuracy in the public interest statements without altering the substantive outcomes of the original determinations. Section 26(1) of the Legislative Instruments Act 2003 (Cth) mandates that an explanatory statement be provided for PID 11B, and this document fulfils that requirement. The Privacy Act establishes a framework in Part VI for addressing instances where the public interest in an organisation's actions that might breach a National Privacy Principle (NPP) substantially outweighs the interest in adhering to those principles. This framework is operationalised through the Privacy Commissioner’s authority to issue public interest determinations. Section 72(2) of the Privacy Act empowers the Commissioner to declare that specific acts or practices of an organisation will not be considered breaches of the NPPs if the public interest in doing so outweighs the interest in adhering to the NPPs. PID 11B, therefore, relies on this authority to amend the Statements of Reasons for PID 11 and PID 11A to rectify typographical errors. The Privacy Commissioner is obligated to ensure that the public interest determinations are clear and accurately reflect the intended outcomes. In making PID 11B, the Commissioner considered the potential for confusion caused by the typographical errors in the original Statements of Reasons. Given that the amendments are purely corrective and do not change the operational effect of PID 11 and PID 11A, no additional consultation was deemed necessary. The corrections made in PID 11B are thus intended to enhance the comprehensibility and reliability of the documentation for stakeholders. In terms of potential breaches and consequences, PID 11B itself does not introduce new obligations or penalties; it is a corrective measure. However, organisations subject to PID 11 and PID 11A must ensure compliance with the corrected Statements of Reasons. Failure to adhere to the terms of these determinations could result in various civil and criminal penalties under the Privacy Act, including fines and imprisonment, depending on the severity and intent of the breach. The maximum penalties for breaches of the Privacy Act can include substantial fines for both individuals and corporations, reflecting the seriousness with which privacy violations are treated under Australian law.