Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020

Overview

The Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020, enacted by the Hon Christian Porter MP, the Attorney-General, under section 80J of the Privacy Act 1988, was introduced to address the unique circumstances caused by the Australian bushfires from August 2019 into 2020, which resulted in significant loss of life, injuries, and property damage. This emergency declaration aims to facilitate the sharing of personal information necessary for disaster relief efforts, ensuring that relevant agencies can respond effectively and efficiently. The declaration is effective from the date it is signed and remains in force for a period of 12 months, providing a temporary measure to address the specific challenges posed by the bushfires.

Scope and Application

The Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 applies to the bushfires in Australia that resulted in death, injury, and property damage from August 2019 into 2020, as declared under section 80J of the Privacy Act 1988. This declaration is intended to facilitate the handling of personal information in the context of this specific disaster, thereby allowing entities to manage the aftermath and recovery process more effectively. The declaration applies to all persons and entities involved in managing the bushfires’ impact, including emergency services, government agencies, and non-profit organisations providing assistance. The geographic reach of this declaration is national, impacting all states and territories within Australia. The application of this emergency declaration is subject to the provisions of the Privacy Act 1988 and can be extended or restricted through subordinate instruments as needed. However, it is important to note that any exemptions or thresholds that may typically apply under the Privacy Act are not explicitly stated in this particular declaration, and the standard rules and regulations of the Act remain in effect unless otherwise specified.

Key Provisions

The Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020, made under section 80J of the Privacy Act 1988, establishes specific provisions in response to the bushfires in Australia that have resulted in death, injury, and property damage since August 2019. This declaration (section 1) commences on the day it is signed and remains in effect for 12 months from that date (section 3). The term "Act" in this context refers to the Privacy Act 1988 (section 4). The declaration identifies the disaster in question as the bushfires in Australia resulting in death, injury, and/or property damage occurring from August 2019 into 2020 (section 5 and Schedule 1). The Privacy Act 1988, as amended by this declaration, imposes certain obligations on the entities it governs. These obligations include the requirement for organisations to manage personal information in a way that ensures the privacy of individuals is protected. In the context of this declaration, the Act may permit the disclosure of personal information without consent, provided that such disclosure is necessary for the purposes of managing the effects of the declared emergency. This includes allowing emergency management agencies to share information with relevant authorities to coordinate relief efforts effectively. There are significant consequences for breaches of the Privacy Act 1988. Under the Act, both civil and criminal penalties apply for unauthorised handling of personal information. Specifically, individuals who knowingly or recklessly handle personal information in a way that contravenes the Act may face substantial penalties. For serious breaches, the maximum penalty can be up to $420,000 for individuals or $2.1 million for bodies corporate, depending on the severity and intent behind the breach. Additionally, officers of a body corporate who are responsible for the breach may face personal penalties, including fines and imprisonment. The declaration ensures that these provisions are tailored to facilitate the necessary response to the emergency while still protecting personal privacy to the greatest extent possible.