Part Consent means free and informed agreemen - Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code - Consent means free and informed agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organisation seeking consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual. | Zoe
Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code
Consent means free and informed agreemenConsent means free and informed agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organisation seeking consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
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Consent means free and informed agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organisation seeking consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
Contact details means a record of personal information such as names, companies, position titles, addresses and phone numbers, collected and retained in order to contact individuals.
Contracted service provider, for a government contract, means:
(a) an organisation that is or was a party to the government contract and that is or was responsible for the provision of services to a government agency under the government contract; or
(b) a subcontractor for the government contract.
Correct, in relation to personal information, means to alter that information by way of amendment, enhancement, deletion or addition.
De-identification means the removal of personal information or any details that identify the individual, or from which the identity of the individual can reasonably be ascertained, without retaining a means by which the information could be easily re-identified.
Disclose in relation to personal information, includes making personal information available to others outside the organisation, other than the subject of the information. Disclosure includes the publication of personal information through any medium.
Employee record, in relation to an employee, means a record of personal information relating to the employment of the employee. Examples of personal information relating to the employment of the employee are health information about the employee and personal information about all or any of the following:
the engagement, training, disciplining or resignation of the employee;
the termination of the employment of the employee;
the terms and conditions of employment of the employee;
the employee’s personal and emergency contact details;
the employee’s performance or conduct;
the employee’s hours of employment;
the employee’s salary or wages;
the employee’s membership of a professional or trade association;
the employee’s trade union membership;
the employee’s recreation, long service, sick, personal, maternity, paternity or other leave;
the employee’s taxation, banking or superannuation affairs.
Encryption means encoding data such that a third party, including one with knowledge of the algorithm, cannot read or use the biometric without the use of a cryptographic key.
Enforcement body means:
(a) the Australian Federal Police; or
(b) the Australian Crime Commission; or
(c) the Australian Customs Service; or
(d) the Australian Prudential Regulation Authority; or
(e) the Australian Securities and Investments Commission; or
(f) another agency, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; or
(g) another agency, to the extent that it is responsible for administering a law relating to the protection of the public revenue; or
(h) a police force or service of a State or a Territory; or
(i) the New South Wales Crime Commission; or
(j) the Independent Commission Against Corruption of New South Wales; or
(k) the Police Integrity Commission of New South Wales; or
(l) the Criminal Justice Commission of Queensland; or
(m) another prescribed authority or body that is established under a law of a State or Territory to conduct criminal investigations or inquiries; or
(n) a State or Territory authority, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; or
(o) a State or Territory authority, to the extent that it is responsible for administering a law relating to the protection of the public revenue.
Function creep, when used in connection with Biometrics, means the risk that a biometric collected for one stated purpose being subsequently used or disclosed for another purpose without the knowledge and/or consent to the individual involved.
Government contract means a Commonwealth contract or a State contract.
Health service means:
(a) an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the person performing it:
(i) to assess, record, maintain or improve the individual’s health; or
(ii) to diagnose the individual’s illness or disability; or
(iii) to treat the individual’s illness or disability or suspected illness or disability; or
(b) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
Individual means a natural person.
Independent Code Review Panel means the body established under subclause I.1.
Interference with privacy, in relation to an individual, has the meaning given in section 13A of the Privacy Act and includes an act or practice of an organisation that breaches an approved privacy code that binds the organisation in relation to personal information that relates to the individual.
Internal privacy complaint procedure, in relation to a Biometrics Institute Privacy Code Subscriber, means the Code Subscriber’s internal procedure for handling a privacy complaint, as distinct from the procedures that are external to an organisation for handling a privacy complaint and that involve the Office of the Privacy Commissioner (as provided for by the Biometrics Institute Privacy Code).