(a) Disclosures and nonconsensual disclosures. Schools must release information requested by a judicial order or legal subpoena. Regulatory Framework for Health Information. These would bind the contractor to taking steps necessary to protect the personal information it holds that would be equivalent to the steps required by the NPPs. Principle 4.3 states that the knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate. Authorization for Disclosure of Personal Information to a Third Party This form is intended only for prospective students requesting assistance in their application to The University of British Columbia (UBC) via a third-party organization, such as an educational agency or consultancy. This chapter aims to ou… Identifiers (only applicable to organisations), Introduction to the ALRC’s Privacy Inquiry, Information privacy: the commercial context, State and territory regulation of privacy, National legislation to regulate the private sector, Other methods to achieve national consistency, ALRC’s preference for principles-based regulation, ALRC’s preference for compliance-oriented regulation, 5. For Your Information: Australian Privacy Law and Practice (ALRC Report 108), Disclosure of personal information to third parties. Electronic Health Information Systems, Medicare and Pharmaceutical Benefits databases, 62. Access and Correction, Complaint Handling and Penalties, Information about credit scoring processes, Time limits on disputed credit reporting information, Investigation and resolution of credit reporting complaints, 60. [60]Public Interest Advocacy Centre, Submission PR 548, 26 December 2007. You must not disclose personal information to a third party such as a solicitor, police officer or officer of a court without the patient’s explicit consent, unless it is required by law, or ordered by a court, or can be justified in the public interest. Cookies can be disabled using your browser settings. Interaction with State and Territory Laws, Interaction of federal, state and territory regimes, 18. Follow the instruction outlined on page 1 of the electronic form. [56]Suncorp-Metway Ltd, Submission PR 525, 21 December 2007. Some stakeholders suggested that limiting the obligation to contractors or disclosure ‘otherwise in connection with the provision of a service to the agency or organisation’ was unnecessarily narrow. These third party providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Discover: Identify what Personal Information you have and where it resides. 1016.10 Limits on disclosure of nonpublic personal information to nonaffiliated third parties. Published 31 October 2016. disclosure is one of the purposes for which the organisation got the information; the person concerned authorises the disclosure; the information is to be used in a way that does not identify the person concerned; disclosure is necessary to avoid endangering someone’s health or safety; disclosure is necessary to uphold or enforce the law. Nature and timing of notification obligation, Circumstances in which notification obligations arise, Circumstances in which use and disclosure is permitted, Summary of ‘Use and Disclosure’ principle, Application of direct marketing principle to agencies, Relationship between privacy principles and other legislation, Content of the ‘Direct Marketing’ principle, Direct marketing to vulnerable individuals, Application of the ‘Data Quality’ principle to agencies, Balancing data quality and other privacy interests, Prevention of misuse and loss of personal information, Information destruction and retention requirements, Access to personal information: general framework, Access to personal information: exceptions, Access to personal information: intermediaries, Procedural requirements for access and correction requests, Guidance on the ‘Access and Correction’ principle, Summary of ‘Access and Correction’ principle. Investigation and Resolution of Privacy Complaints, Other issues in the complaint-handling process, Other enforcement mechanisms following non-compliance, Application of the credit reporting provisions, Accuracy and security of personal information, Rights of access, correction and notification. A separate set of Health Privacy Principles? In 2005, the OPC recommended that the Australian Government consider amending NPP 4 to require organisations to ensure the protection of personal information they disclose to contractors. ACT Government Department of Disability, Housing and Community Services. [51], 28.45 A large number of stakeholders supported the proposed expansion of the ‘Data Security’ principle. DB is a GP. [69], 28.49 In comparison, the Cyberspace Law and Policy Centre submitted that compliance with the principle should include the recipient demonstrating a commitment to comply with the relevant privacy obligations, for example through a privacy policy.[70]. 7See footnote 3 to § 327.5. The Costs of Inconsistency and Fragmentation, 16. Structure of the Office of the Privacy Commissioner, 47. Exceptions to the Use and Disclosure Offences, Exceptions to the use and disclosure offences, Business needs of other carriers or service providers, Credit reporting information and credit worthiness, The regulation of public number directories, Public number directories not sourced from the IPND, 73. Stay informed with all of the latest news from the ALRC. Location of notification requirements: separate principle? The ‘Cross-Border Data Flows’ principle is discussed in Ch 31. Review of the Legislative Framework for Corporations and Financial Services Regulation, The Framework of Religious Exemptions in Anti-discrimination Legislation, Australia’s Corporate Criminal Responsibility Regime, Part C—Interaction, Inconsistency and Fragmentation, Part F—Office of the Privacy Commissioner, Part I—Children, Young People and Adults Requiring Assistance, Part K—Protection of a Right to Personal Privacy, UPP 6. [59]Public Interest Advocacy Centre, Submission PR 548, 26 December 2007; Cyberspace Law and Policy Centre UNSW, Submission PR 487, 19 December 2007. Does the Telecommunications Act provide adequate privacy protection? [52]Australian Government Centrelink, Submission PR 555, 21 December 2007; Australian Privacy Foundation, Submission PR 553, 2 January 2008; Public Interest Advocacy Centre, Submission PR 548, 26 December 2007; Australian Direct Marketing Association, Submission PR 543, 21 December 2007; Medicare Australia, Submission PR 534, 21 December 2007; Optus, Submission PR 532, 21 December 2007; Office of the Privacy Commissioner, Submission PR 499, 20 December 2007; Centre for Law and Genetics, Submission PR 497, 20 December 2007; ACT Government Department of Disability, Housing and Community Services, Submission PR 495, 19 December 2007; Office of the Victorian Privacy Commissioner, Submission PR 493, 19 December 2007; Legal Aid Queensland, Submission PR 489, 19 December 2007; Cyberspace Law and Policy Centre UNSW, Submission PR 487, 19 December 2007; Privacy NSW, Submission PR 468, 14 December 2007; National Health and Medical Research Council, Submission PR 397, 7 December 2007. 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