NSW Privacy Laws
The Information and Privacy Commission NSW (IPC) oversees two laws that promote the protection of personal and health information in New South Wales (NSW) that is collected, stored and used by public sector agencies to provide services to the public.
Other pieces of legislation have provisions affecting personal information and privacy – for example, the Road Transport Act 2013.
The following laws and regulations are overseen by the IPC:
- Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act)
- Health Records and Information Privacy Act 2002 (NSW) (HRIP Act)
- Privacy and Personal Information Protection Regulation 2014 (NSW) (PPIP Regulation)
- Privacy and Personal Information Protection Regulation 2005 (NSW) (PPIP Regulation) repealed on 1 September 2014 (NSW Legislation website)
- Privacy Codes of Practice made under PPIP Act (exemptions)
- Privacy Code of Practice (General) 2003 (NSW)
- Public Interest Directions made under PPIP Act (exemptions)
- Health Records and Information Privacy Regulation 2012 (NSW) (HRIP Regulation)
- Health Records and Information Privacy Code of Practice 2005 (NSW)
- Health Public Interest Directions made under HRIP Act (exemptions)
Who do these laws apply to?
The PPIP Act
The PPIP Act applies to NSW public sector agencies including government agencies, local councils, and universities.
The HRIP Act
The HRIP Act applies to NSW public sector agencies including government agencies, local councils, universities and public sector health organisations, as well as private sector organisations, health service providers and businesses with a turnover of more than $3 million which hold health information.
Are there other laws that protect privacy?
There are other laws that may apply to certain situations. The following links will take you to either the Commonwealth legislation website – ComLaw or NSW Legislation website.
- Privacy Act 1988 (Cth)
- Workplace Surveillance Act 2005 (NSW)
- Surveillance Devices Act 2007 (NSW)
- Telecommunications (Interception and Access) Act 1979 (Cth)
- Adoption Act 2000 (NSW)
- Assisted Reproductive Technology Act 2007 (NSW)
- Crimes (Forensic Procedures) Act 2000 (NSW)
- Criminal Records Act 1991 (NSW)