Part 2Objects and important concepts

Part 2 Objects and important concepts Section 11 page 6 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Meaning of interference with individual’s privacy (1) For this Act, an act or practice of a public sector agency is an interference with an individual’s privacy if the act or practice breaches— (a) a TPP in relation to personal information about the individual; or (b) a TPP code that binds the agency in relation to personal information about the individual. (2) For this Act, an act or practice of a contracted service provider under a government contract is an interference with an individual’s privacy if the act or practice would be an interference with an individual’s privacy if the act or practice was done or engaged in by the relevant public sector agency for the contract. (3) In this section: relevant public sector agency, for a government contract, means— (a) if the Territory is a party to the contract—the public sector agency that entered into the contract on behalf of the Territory; or (b) if the Territory is not a party to the contract—the public sector agency that is a party to the contract. 12 Meaning of breach a TPP etc (1) For this Act, an act or practice breaches a TPP only if it is contrary to, or inconsistent with, the TPP. (2) However, an act or practice does not breach a TPP if— (a) the act is done, or the practice is engaged in, outside the ACT; and (b) the act or practice is required by a law of another jurisdiction or a foreign country. Objects and important concepts Part 2 Section 12 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: TPP includes a TPP code. Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles Section 13 page 8 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles 13 Territory privacy principles (1) The Territory privacy principles (the TPPs) are set out in schedule 1. Note The TPPs differ from the Commonwealth APPs (see sch 1, note 3). (2) If a provision of this Act refers to a TPP by a number, the reference is a reference to the provision of schedule 1 having that number. 14 Definitions—sch 1 In schedule 1: Australian law— (a) means a Territory, Commonwealth or State law; and (b) includes the common law. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). collects, personal information—see section 15. court or tribunal order— (a) means an order, direction or other instrument made by an ACT court; and (b) includes an order, direction or other instrument of an interim or interlocutory nature. de-identified, personal information—see section 18. Territory privacy principles Part 3 Important concepts—Territory privacy principles Division 3.1 Section 14 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au enforcement body means any of the following: (a) the Australian Federal Police; (b) a State police force or service; Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (c) the DPP or similar body established under a Commonwealth or State law; (d) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering, or exercising a function under— (i) a law that imposes a penalty or sanction; or (ii) a law prescribed by regulation; (e) a body established under a territory, Commonwealth or State law to conduct criminal investigations or inquiries; (f) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering a law relating to the protection of public revenue; (g) the integrity commission; (h) a body prescribed by regulation. enforcement-related activity means— (a) the prevention, detection, investigation, prosecution or punishment of— (i) criminal offences; or (ii) breaches of a law imposing a penalty or sanction; or (b) the conduct of surveillance activities, intelligence gathering activities or monitoring activities; or (c) the conduct of protective or custodial activities; or Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles Section 14 page 10 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the enforcement of law relating to the confiscation of the proceeds of crime; or (e) the protection of public revenue; or (f) the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by regulation; or (g) the prevention, detection or investigation of corrupt conduct; or (h) the preparation for, or conduct of, a proceeding before a court or tribunal; or (i) the implementation of a court or tribunal order. holds, personal information—see section 16. permitted general situation, in relation to the collection, use or disclosure of personal information—see section 19. related body corporate—see the Corporations Act, section 9. sensitive information, in relation to an individual, means personal information that is— (a) about the individual’s— (i) racial or ethnic origin; or (ii) political opinions; or (iii) membership of a political association; or (iv) religious beliefs or affiliations; or (v) philosophical beliefs; or (vi) membership of a professional or trade association; or (vii) membership of a trade union; or (viii) sexual orientation or practices; or (ix) criminal record; or Territory privacy principles Part 3 Important concepts—Territory privacy principles Division 3.1 Section 15 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) genetic information about the individual; or (c) biometric information about the individual that is to be used for the purpose of automated biometric verification or biometric identification; or (d) a biometric template that relates to the individual. Note Sensitive information does not include personal health information (see s 8). solicits, personal information—see section 17. territory record—see the Territory Records Act 2002, section 9 (3). TPP privacy policy—see TPP 1.3. 15 Meaning of collects personal information—sch 1 For schedule 1, a public sector agency collects personal information only if the agency collects the personal information for inclusion in a record or generally available publication. 16 Meaning of holds personal information—sch 1 For schedule 1, a public sector agency holds personal information if the agency has possession or control of a record that contains the personal information. 17 Meaning of solicits personal information—sch 1 For schedule 1, a public sector agency solicits personal information if the agency requests another entity to provide— (a) the personal information; or (b) a kind of information in which the personal information is included. Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles Section 18 page 12 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Meaning of de-identified personal information—sch 1 For schedule 1, personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.