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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PERSONAL INFORMATION PROTECTION
AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Sections 3A and 3B inserted
3A. Reference to personal information in Part 3A and
Schedule 1
3B. Access to information of a medical or psychiatric
nature
7. Section 12 amended (Use of basic information)
8. Part 3A inserted
PART 3A - Amendment of Personal Information
17A. Person may request amendment of information
17B. Form of request for amendment of information
17C. Personal information custodian may amend
information
17D. Notation to be added
17E. Time within which personal information custodian
must notify claimant
17F. Reasons to be given
17G. Requirement for notation
17H. Notice to be added to information
17I. How amendments to be made
[Bill 70]-I
9. Section 18 amended (Making of complaints)
10. Schedule 1 amended (Personal Information Protection
Principles)
11. Repeal of Act
2
PERSONAL INFORMATION PROTECTION
AMENDMENT BILL 2009
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Personal Information Protection Act
2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Personal
Information Protection Amendment Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Personal Information Protection
Act 2004* is referred to as the Principal Act.
*No. 46 of 2004
[Bill 70] 3
Personal Information Protection Amendment Act 2009
Act No. of
s. 4
4. Long title amended
The long title of the Principal Act is amended by
inserting ", correction" after "use".
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "section 28(1) of the
Freedom of Information Act 1991" from
the definition of "law enforcement
information" and substituting "section 30
of the Right to Information Act 2009";
(b) by omitting the definition of "personal
information custodian" and substituting
the following definition:
"personal information custodian"
means any of the following:
(a) a public authority;
(b) any body, organisation or
person who has entered
into a personal
information contract
relating to personal
information;
(c) a prescribed body;
4
Personal Information Protection Amendment Act 2009
Act No. of
s. 6
(c) by inserting the following definition after
the definition of "personal information
protection principles":
"public authority" has the same
meaning as in the Right to
Information Act 2009;
(d) by omitting the definition of "public
sector body";
(e) by omitting "individual." from paragraph
(b) of the definition of "sensitive
information" and substituting
"individual;";
(f) by inserting the following definition after
the definition of "sensitive information":
"State Archivist" has the same
meaning as in the Archives Act
1983.
6. Sections 3A and 3B inserted
After section 3 of the Principal Act, the
following sections are inserted in Part 1:
3A. Reference to personal information in
Part 3A and Schedule 1
In Part 3A and clause 6 of Schedule 1, a
reference to personal information of a
person includes the personal information
of a deceased person, and rights given by
this Act in respect of the personal
5
Personal Information Protection Amendment Act 2009
Act No. of
s. 6
information of a person are, where the
person is a deceased person, to be taken
to be rights that may be exercised in
respect of that personal information by
the next-of-kin of that person.
3B. Access to information of a medical or
psychiatric nature
If -
(a) a request is made to a personal
information custodian for access
to information of a medical or
psychiatric nature concerning the
person making the request; and
(b) it appears to the personal
information custodian that the
provision to that person of access
to the information might be
prejudicial to the physical or
mental health or wellbeing of that
person -
the personal information custodian may
direct that access to the information must
not be provided to the person who made
the request but must instead be provided
to a legally qualified medical practitioner
nominated by that person and approved
by the personal information custodian.
6
Personal Information Protection Amendment Act 2009
Act No. of
s. 7
7. Section 12 amended (Use of basic information)
Section 12(a) of the Principal Act is amended by
omitting "public sector body" and substituting
"public authority".
8. Part 3A inserted
After section 17 of the Principal Act, the
following Part is inserted:
PART 3A - AMENDMENT OF PERSONAL
INFORMATION
17A. Person may request amendment of
information
If information of a person is held or used
by a personal information custodian, the
person can request the amendment of any
part of that information if it is incorrect,
incomplete, out of date or misleading.
17B. Form of request for amendment of
information
A request under section 17A is to -
(a) be in writing and addressed to the
personal information custodian;
and
7
Personal Information Protection Amendment Act 2009
Act No. of
s. 8
(b) specify an address to which a
notice under section 17F is to be
sent; and
(c) give particulars of the
information the person believes is
incomplete, incorrect, out of date
or misleading; and
(d) specify the amendments that the
person wants made to that
information.
17C. Personal information custodian may amend
information
If, following receipt of a request made
under section 17A, a personal
information custodian decides to amend
information, the personal information
custodian may make the amendment by -
(a) altering the information; or
(b) adding an appropriate notation to
it.
17D. Notation to be added
If a personal information custodian
amends information by adding a notation
to it, the notation must -
8
Personal Information Protection Amendment Act 2009
Act No. of
s. 8
(a) specify the way in which the
information is incomplete,
incorrect, out of date or
misleading; and
(b) if the information is claimed to be
out of date, set out the
information required to bring it
up to date.
17E. Time within which personal information
custodian must notify claimant
A personal information custodian must
take all reasonable steps to enable a
person to be notified of a decision on a
request made under section 17A as soon
as practicable, but in any case not later
than 20 working days after the request
was received by or on behalf of the
personal information custodian.
17F. Reasons to be given
(1) If, in relation to a request made under
section 17A, a decision is made not to
amend the information in the way
requested, the personal information
custodian that received the request must
give the applicant written notice of the
decision.
(2) Notice given under subsection (1) is to -
9
Personal Information Protection Amendment Act 2009
Act No. of
s. 8
(a) state the reasons for the decision;
and
(b) state the name and designation of
the person who made the
decision; and
(c) inform the applicant -
(i) of the applicant's right to
make a complaint about
the decision; and
(ii) that the Ombudsman is
the authority to whom a
complaint can be made;
and
(iii) of the time within which
the complaint must be
made.
17G. Requirement for notation
If a personal information custodian
decides to refuse to amend information
pursuant to a request made under
section 17A, the person who made the
request may, at any time, by written
notice, require the personal information
custodian to add to the information a
notation -
(a) specifying the respects in which
the information is claimed by the
applicant to be incomplete,
10
Personal Information Protection Amendment Act 2009
Act No. of
s. 8
incorrect, out of date or
misleading; and
(b) if the information is claimed to be
out of date, setting out the
information it is claimed is
required to bring it up to date.
17H. Notice to be added to information
If a notice is given to a personal
information custodian under section 17G,
the personal information custodian must
ensure -
(a) that a notation as required by the
notice is added to the
information; and
(b) that, if the information to which
the notation relates is disclosed to
a person (including another
personal information custodian),
there is also furnished to that
person a statement -
(i) stating that the person to
whom the information
relates claims that it is
incomplete, incorrect, out
of date or misleading, as
the case may be; and
(ii) giving particulars of the
notation; and
11
Personal Information Protection Amendment Act 2009
Act No. of
s. 9
(iii) if the personal
information custodian
considers it appropriate to
do so, giving the reasons
why the personal
information custodian did
not amend the
information.
17I. How amendments to be made
If a personal information custodian
agrees to amend information in
accordance with a request made under
section 17A, the amendment may take
the form of a notation of the original
document but no amendment is to be
made that -
(a) deletes or expunges the
information which has been
amended; or
(b) destroys the document -
unless the State Archivist agrees.
9. Section 18 amended (Making of complaints)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting in subsection (5) ", other
than a complaint about a decision to
12
Personal Information Protection Amendment Act 2009
Act No. of
s. 10
refuse a request to amend personal
information made in accordance with
Part 3A," after "A complaint";
(b) by inserting the following subsection
after subsection (5):
(5A) A complaint about a decision to
refuse a request to amend
personal information made in
accordance with Part 3A must be
made within 20 working days of
the date on which the notice of
the decision is given under
section 17F(1).
10. Schedule 1 amended (Personal Information
Protection Principles)
Clause 6 of Schedule 1 to the Principal Act is
amended as follows:
(a) by omitting subclause (1) and
substituting the following subclause:
(1) If a personal information
custodian holds personal
information about an individual,
the personal information
custodian -
(a) may provide that
individual with access to
his or her personal
information on receipt of
13
Personal Information Protection Amendment Act 2009
Act No. of
s. 10
a written request from the
individual for access to
his or her personal
information; or
(b) if the personal
information custodian -
(i) notifies the
individual of a
decision to refuse
a request under
paragraph (a); or
(ii) does not respond
to a request under
paragraph (a)
within 20 working
days -
the personal information
custodian, on receipt of a
further written request
from the individual for
access to his or her
personal information,
must provide the
individual with access to
his or her personal
information as if -
(iii) the written request
were an
application for
assessed
disclosure of
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Personal Information Protection Amendment Act 2009
Act No. of
s. 10
information under
section 13 of the
Right to
Information Act
2009; and
(iv) the personal
information
custodian were
subject to that Act;
and
(v) a reference in that
Act to a public
authority or a
Minister were a
reference to a
personal
information
custodian.
(b) by omitting from subclause (2) "Part 4 of
the Freedom of Information Act 1991"
and substituting "Part 3A";
(c) by omitting from subclause (2) ",
whether or not the personal information
custodian is subject to that Act, as if a
reference to an agency or Minister in that
Act were a reference to a personal
information custodian".
15
Personal Information Protection Amendment Act 2009
Act No. of
s. 11
11. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
16 Government Printer, Tasmania