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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 5
Definition of "personal information"
5 Definition of "personal information"
(1) In this Act,
"personal information" means information or an opinion (including information
or an opinion forming part of a database and whether or not recorded in a
material form) about an individual whose identity is apparent or can
reasonably be ascertained from the information or opinion.
(2)
Personal information includes such things as an individual's fingerprints,
retina prints, body samples or genetic characteristics.
(3)
Personal information does not include any of the following-- (a) information
about an individual who has been dead for more than 30 years,
(b) information
about an individual that is contained in a generally available publication,
(c) information about an individual that is contained in a document kept in a
library, art gallery or museum for the purposes of reference, study or
exhibition,
(d) information about an individual that is contained in a
State record under the control of the State Records Authority that is
available for public inspection in accordance with the State Records Act 1998
,
(e) information about an individual that is contained in archives within
the meaning of the Copyright Act 1968 of the Commonwealth,
(f) information
about a witness who is included in a witness protection program under the
Witness Protection Act 1995 or who is subject to other witness protection
arrangements made under an Act,
(g) information about an individual arising
out of a warrant issued under the Telecommunications (Interception) Act 1979
of the Commonwealth,
(h) information about an individual that is contained in
a public interest disclosure within the meaning of the Public Interest
Disclosures Act 2022 , or that has been collected while dealing with a
voluntary public interest disclosure in accordance with that Act, Part 5,
Division 2,
(i) information about an individual arising out of, or in
connection with, an authorised operation within the meaning of the
Law Enforcement (Controlled Operations) Act 1997 ,
(j) information about an
individual arising out of a Royal Commission or Special Commission of Inquiry,
(k) information about an individual arising out of a complaint made under Part
8A of the Police Act 1990 ,
(l) information about an individual that is
contained in Cabinet information or Executive Council information under the
Government Information (Public Access) Act 2009 ,
(m) information or an
opinion about an individual's suitability for appointment or employment as a
public sector official,
(n) information about an individual that forms part
of an employee record (within the meaning of the Privacy Act 1988 of the
Commonwealth) about the individual held by a private sector person,
(o)
information about an individual that is of a class, or is contained in a
document of a class, prescribed by the regulations for the purposes of this
subsection.
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