NSWIn ForceAct
Health Records and Information Privacy Act 2002
9What constitutes “holding” information
Start here
Get a plain-English read of 9
Turn the raw legal text into a practical explanation grounded in Health Records and Information Privacy Act 2002.
#### 9 What constitutes “holding” information
9 What constitutes “holding” information
> For the purposes of this Act, health information is held by an organisation if—
>
> > (a) the organisation is in possession or control of the information (whether or not the information is contained in a document that is outside New South Wales), or
>
> > (b) the information is in the possession or control of a person employed or engaged by the organisation in the course of such employment or engagement, or
>
> > (c) in the case of a public sector agency—the information is contained in a State record in respect of which the agency is responsible under the [State Records Act 1998](/view/html/inforce/current/act-1998-017).