Applying the law

The Privacy and Personal Information Protection Act 1998 (PPIP Act) regulates the way New South Wales (NSW) Government agencies collect, use, disclose, secure and provide access to personal information.

When collecting, using and releasing information, a public sector agency must abide by duties to comply with the law. However, there may be exemptions that apply to agencies.

What exemptions are there to the PPIP Act?

There are four major sources of exemptions to the PPIP Act:

  • Exemptions in the Act itself 
  • Exemptions in a regulation made by the Attorney General 
  • Exemptions in a privacy code of practice, made by the Attorney General 
  • Exemptions in a Public Interest Direction, made by the Privacy Commissioner.

Exemptions allow public sector agencies to modify the application of the Information Protection Principles (IPPs) in the PPIP Act in certain circumstances. They may relate to:

  • the definition of 'personal information' 
  • an agency's specific functions 
  • a particular agency 
  • one or more of the Information Protection Principles (IPPs) 
  • the public register provisions.

What exemptions are there to the HRIP Act?

There are four major sources of exemptions to the Health Records Information Privacy Act 2002 (HRIP Act):

  • Exemptions written in the Health Privacy Principles (HPPs) directly 
  • Exemptions written in a regulation made by the Minister for Health 
  • Exemptions written in a Health Privacy Code of Practice, made by the Minister for Health 
  • Exemptions written in a Health Public Interest Direction, made by the Privacy Commissioner.

Each exemption could affect one or more of:

  • the definition of 'health information' 
  • whether the Act affects specific functions 
  • whether the HPPs apply to a particular agency or organisation 
  • one or more of the HPPs.

For further information on codes and directions under both Acts, please see:

Rating: 
4 out of 5 star rating
Average: 4 (1 vote)
Archive: 
0