Privacy Amendment (Public Health Contact Information) (Data Store Administrator) Determination 2020
I, Caroline Edwards, Acting Secretary of the Health Department, make the following determination.
Dated 15 May 2020
Caroline Edwards
Secretary of the Health Department
Contents
1 Name
2 Commencement
3 Authority
4 Object
5 Determination of Data Store Administrator
1 Name
This instrument is the Privacy Amendment (Public Health Contact Information) (Data Store Administrator) Determination 2020
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 94Z(1) of the Privacy Act 1988.
4 Object
The object of this instrument is to make the Digital Transformation Agency the data store administrator for the purposes of all relevant provisions under Part VIIIA of the Privacy Act 1988.
5 Determination of Data Store Administrator
The Digital Transformation Agency is the data store administrator for all purposes of every provision of Part VIIIA that refers to the data store administrator.
Overview
The Privacy Amendment (Public Health Contact Information) (Data Store Administrator) Determination 2020 was enacted to address the need for a specific data store administrator under the Privacy Act 1988, particularly in the context of public health information. This instrument was made by Caroline Edwards, the Acting Secretary of the Health Department, and commenced on the day after its registration. The determination is made under subsection 94Z(1) of the Privacy Act 1988, with the primary objective of appointing the Digital Transformation Agency as the data store administrator. This role is crucial for the administration of public health contact information in compliance with Part VIIIA of the Privacy Act 1988, ensuring that data is managed securely and in accordance with privacy requirements.
Scope and Application
The Privacy Amendment (Public Health Contact Information) (Data Store Administrator) Determination 2020 establishes the Digital Transformation Agency as the data store administrator for all relevant provisions under Part VIIIA of the Privacy Act 1988. This determination applies to the Digital Transformation Agency, which is now tasked with managing the storage of public health contact information under the Privacy Act. This legislation is enacted under the authority of subsection 94Z(1) of the Privacy Act 1988 and came into effect the day after it was registered. The geographic or jurisdictional reach of this determination is national, applying across Australia, and it extends to any data that falls under the purview of the Privacy Act 1988. There are no specific exclusions, exemptions, or thresholds mentioned in the determination itself, although the application and specifics of the data handling processes may be further regulated through subordinate instruments or guidelines issued by the relevant authorities.
Key Provisions
The Privacy Amendment (Public Health Contact Information) (Data Store Administrator) Determination 2020, issued by Caroline Edwards, Acting Secretary of the Health Department, designates the Digital Transformation Agency (DTA) as the data store administrator for specific provisions of the Privacy Act 1988. This determination is made under the authority of subsection 94Z(1) of the Privacy Act, with the primary objective being to establish the DTA's role in managing data related to public health contact information, as outlined in Part VIIIA of the Act. Under section 5 of the Determination, the DTA is recognised as the data store administrator for all relevant provisions under Part VIIIA that refer to such an administrator.
In terms of obligations, the DTA is tasked with ensuring compliance with the statutory requirements set forth in Part VIIIA of the Privacy Act. This includes managing and safeguarding the public health contact information data, ensuring it is accurately recorded, securely stored, and appropriately accessed or disclosed in accordance with the Act's provisions. The DTA must also maintain robust data protection measures to prevent unauthorised access, disclosure, or misuse of the stored information. Additionally, the DTA is required to report to the relevant authorities as necessary, providing updates and ensuring transparency in data management practices.
The Determination imposes several consequences for breaches of the obligations set out within the Act. While specific offences and penalties are not detailed in the Determination itself, breaches of the Privacy Act can result in substantial penalties. Under section 137 of the Privacy Act, individuals can be fined up to $210,000 and organisations can face penalties of up to $2,100,000 for serious or repeated breaches. Furthermore, the Act provides for both civil and criminal sanctions, with serious breaches potentially leading to criminal charges and imprisonment. The severity of the penalties reflects the importance of safeguarding personal information and maintaining public trust in data management practices.