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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 4
Definition of "personal information"
4 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 publicly available publication,
(c) 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,
(d) information about an
individual arising out of a warrant issued under the
Telecommunications (Interception) Act 1979 of the Commonwealth,
(e)
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,
(f) 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 ,
(g) information about an
individual arising out of a Royal Commission or Special Commission of Inquiry,
(h) information about an individual arising out of a complaint made under Part
8A of the Police Act 1990 ,
(i) information about an individual that is
contained in Cabinet information or Executive Council information under the
Government Information (Public Access) Act 2009 ,
(j) information or an
opinion about an individual's suitability for appointment or employment as a
public sector official,
(ja) information about an individual that is obtained
about an individual under Chapter 8 (Adoption information) of the
Adoption Act 2000 ,
(k) 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.
(4) Personal information is
"held" by a public sector agency if-- (a) the agency is in possession or
control of the information, or
(b) the information is in the possession or
control of a person employed or engaged by the agency in the course of such
employment or engagement, or
(c) the information is contained in a
State record in respect of which the agency is responsible under the State
Records Act 1998 .
(5) For the purposes of this Act, personal information is
not
"collected" by a public sector agency if the receipt of the information by the
agency is unsolicited.
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