Part National Privacy Principles mean the Nat - Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code - National Privacy Principles mean the National Privacy Principles contained in Schedule 3 of the Privacy Act. A reference to a National Privacy Principle by number is a reference to the clause of Schedule 3 with that number.

National Privacy Principles mean the National Privacy Principles contained in Schedule 3 of the Privacy Act. A reference to a National Privacy Principle by number is a reference to the clause of Schedule 3 with that number.

Organisation means:

(a) an individual; or

(b) a body corporate; or

(d) any other unincorporated association; or

(e) a trust;

that is not a small business operator, a registered political party, an ‘agency’ (as defined by the Privacy Act), a State or Territory authority or a prescribed instrumentality of a State or Territory (as defined by the Privacy Act).

(See section 6C of the Privacy Act for additional information on this definition.)

Person includes an organisation.

Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Privacy Act means the Privacy Act 1988 (Commonwealth) as amended.

Privacy complaint means a complaint about an alleged interference with the privacy of an individual by an organisation that is subject to the Biometrics Institute Privacy Code.

Public Register means the register of Code Subscribers maintained by the Code Administrator in accordance with subclause H.3.2.

Reasonable steps mean such steps (if any) as are, in the circumstances, reasonable.

Small business has the meaning given in section 6D of the Privacy Act.

Small business operator has the meaning given in section 6D of the Privacy Act.

State or Territory authority has the meaning given by section 6C of the Privacy Act.

Transfer includes the physical or electronic release of information outside an organisation. This includes when a Code Subscriber gives another organisation information under contract to carry out an activity.

Unreasonably intrusive includes any collection of information where the subject or manner is likely to cause unreasonable inconvenience, or to upset or offend an individual.

F. BIOMETRICS INSTITUTE PRIVACY PRINCIPLES

1 Collection

1.1 A Code Subscriber must not collect personal information unless the information is necessary for one or more of its functions or activities.

1.2 A Code Subscriber must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.

1.3 At or before the time (or as soon as practicable after) a Code Subscriber collects personal information from the individual, the Code Subscriber must take reasonable steps to ensure that the individual is aware of

(a) the identity of the Code Subscriber and how to contact it; and

(b) the fact that he or she is able to gain access to the information; and

(d) the organisations (or the types of organisations) to which the Code Subscriber usually discloses information of that kind; and

(e) any law that requires the particular information to be collected; and

(f) the main consequences (if any) for the individual if all or part of the information is not provided.

1.4 If it is reasonable and practicable to do so, a Code Subscriber must collect personal information about an individual only from that individual.

1.5 If a Code Subscriber collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in clause 1.3 except to the extent that making the individual aware of those matters would pose a serious threat to the life or health of any individual.

Note: Biometrics Institute Privacy Principle 10 sets out additional rules for the collection of sensitive personal information.

2 Use and disclosure

2.1 A Code Subscriber must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:

(a) both of the following apply:

(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;

(ii) the individual would reasonably expect the Code Subscriber to use or disclose the information for the secondary purpose; or

(b) the individual has consented to the use or disclosure; or

(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:

(i) it is impracticable for the Code Subscriber to seek the individual’s consent before that particular use; and

(ii) the Code Subscriber will not charge the individual for giving effect to a request by the individual to the Code Subscriber not to receive direct marketing communications; and

(iii) the individual has not made a request to the Code Subscriber not to receive direct marketing communications; and

(iv) in each direct marketing communication with the individual, the Code Subscriber draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and

(v) each written direct marketing communication by the Code Subscriber with the individual (up to and including the communication that involves the use) sets out the Code Subscriber’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the Code Subscriber can be directly contacted electronically; or

(d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:

(i) it is impracticable for the Code Subscriber to seek the individual’s consent before the use or disclosure; and

(ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under s. 95A of the Privacy Act; and

(iii) in the case of disclosure—the Code Subscriber reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or

(e) the Code Subscriber reasonably believes that the use or disclosure is necessary to lessen or prevent:

(i) a serious and imminent threat to an individual’s life, health or safety; or

(ii) a serious threat to public health or public safety; or

(f) the Code Subscriber has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or

(g) the use or disclosure is required or authorised by or under law; or

(h) the Code Subscriber reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii) the protection of the public revenue;

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Note 1: It is not intended to deter Code Subscribers from lawfully co‑operating with agencies performing law enforcement functions in the performance of their functions.

Note 2: Subclause 2.1 does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires a Code Subscriber to disclose personal information; a Code Subscriber is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.

Note 3: A Code Subscriber is also subject to the requirements of Biometrics Institute Privacy Principle 9 if it transfers personal information to a person in a foreign country.

2.2 If a Code Subscriber uses or discloses personal information under paragraph 2.1(h), it must make a written note of the use or disclosure. 2.3 Subclause 2.1 operates in relation to personal information that a Code Subscriber that is a body corporate has collected from a related body corporate as if the Code Subscriber’s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information. 2.4 Despite subclause 2.1, a Code Subscriber that provides a health service to an individual may disclose health information about the individual to a person who is responsible for the individual if:

(a) the individual:

(i) is physically or legally incapable of giving consent to the disclosure; or

(ii) physically cannot communicate consent to the disclosure; and

(b) a natural person (the carer) providing the health service for the Code Subscriber is satisfied that either:

(i) the disclosure is necessary to provide appropriate care or treatment of the individual; or

(ii) the disclosure is made for compassionate reasons; and

(i) expressed by the individual before the individual became unable to give or communicate consent; and

(ii) of which the carer is aware, or of which the carer could reasonably be expected to be aware; and

(d) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).

2.5 For the purposes of subclause 2.4, a person is responsible for an individual if the person is:

(a) a parent of the individual; or

(b) a child or sibling of the individual and at least 18 years old; or

(d) a relative of the individual, at least 18 years old and a member of the individual’s household; or

(e) a guardian of the individual; or

(f) exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual’s health; or

(g) a person who has an intimate personal relationship with the individual; or

(h) a person nominated by the individual to be contacted in case of emergency.

2.6 In subclause 2.5:

child of an individual includes an adopted child, a step‑child and a foster‑child, of the individual.

parent of an individual includes a step‑parent, adoptive parent and a foster‑parent, of the individual.

relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece, of the individual.

sibling of an individual includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister, of the individual.

3 Data quality

A Code Subscriber must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up‑to‑date.

4 Data security

4.1 A Code Subscriber must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. 4.2 A Code Subscriber must take reasonable steps to destroy or permanently de‑identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Biometrics Institute Privacy Principle 2.

5 Openness

5.1 A Code Subscriber must set out in a document clearly expressed policies on its management of personal information. The Code Subscriber must make the document available to anyone who asks for it. 5.2 On request by a person, a Code Subscriber must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

6 Access and correction

6.1 If a Code Subscriber holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:

(a) in the case of personal information other than health information—providing access would pose a serious and imminent threat to the life or health of any individual; or

(b) in the case of health information—providing access would pose a serious threat to the life or health of any individual; or

(d) the request for access is frivolous or vexatious; or

(e) the information relates to existing or anticipated legal proceedings between the Code Subscriber and the individual, and the information would not be accessible by the process of discovery in those proceedings; or

(f) providing access would reveal the intentions of the Code Subscriber in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(g) providing access would be unlawful; or

(h) denying access is required or authorised by or under law; or

(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or

(j) providing access would be likely to prejudice:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or

(iii) the protection of the public revenue; or

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or

(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;

by or on behalf of an enforcement body; or

(k) an enforcement body performing a lawful security function asks the Code Subscriber not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

6.2 However, where providing access would reveal evaluative information generated within the Code Subscriber in connection with a commercially sensitive decision‑making process, the Code Subscriber may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

Note: A Code Subscriber breaches subclause 6.1 if it relies on subclause 6.2 to give an individual an explanation for a commercially sensitive decision in circumstances where subclause 6.2 does not apply.

6.3 If the Code Subscriber is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), the Code Subscriber must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties. 6.4 If a Code Subscriber charges for providing access to personal information, those charges:

(a) must not be excessive; and

(b) must not apply to lodging a request for access.

6.5 If a Code Subscriber holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up‑to‑date, the Code Subscriber must take reasonable steps to correct the information so that it is accurate, complete and up‑to‑date. 6.6 If the individual and the Code Subscriber disagree about whether the information is accurate, complete and up‑to‑date, and the individual asks the Code Subscriber to associate with the information a statement claiming that the information is not accurate, complete or up‑to‑date, the Code Subscriber must take reasonable steps to do so. 6.7 A Code Subscriber must provide reasons for denial of access or a refusal to correct personal information.

7 Identifiers

7.1 A Code Subscriber must not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:

(a) an agency; or

(b) an agent of an agency acting in its capacity as agent; or

(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

7.1A However, subclause 7.1 does not apply to the adoption by a prescribed organisation of a prescribed identifier in prescribed circumstances.

Note: There are prerequisites that must be satisfied before those matters are prescribed: see subsection 100(2) of the Privacy Act.

7.2 A Code Subscriber must not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:

(a) the use or disclosure is necessary for the Code Subscriber to fulfil its obligations to the agency; or

(b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or

Note: There are prerequisites that must be satisfied before the matters mentioned in paragraph (c) are prescribed: see subsection 100(2) and (3) of the Privacy Act.

7.3 In this clause:

identifier includes a number assigned by a Code Subscriber to an individual to identify uniquely the individual for the purposes of the Code Subscriber’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

8 Anonymity

Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with a Code Subscriber.

9 Transborder data flows

A Code Subscriber in Australia or an external Territory may transfer personal information about an individual to someone (other than the Code Subscriber or the individual) who is in a foreign country only if:

(a) the Code Subscriber reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or

(b) the individual consents to the transfer; or

(c) the transfer is necessary for the performance of a contract between the individual and the Code Subscriber, or for the implementation of pre‑contractual measures taken in response to the individual’s request; or

(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the Code Subscriber and a third party; or

(e) all of the following apply:

(i) the transfer is for the benefit of the individual;

(ii) it is impracticable to obtain the consent of the individual to that transfer;

(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or

(f) the Code Subscriber has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Biometrics Institute Privacy Principles.

10 Sensitive information

10.1 A Code Subscriber must not collect sensitive information about an individual unless:

(a) the individual has consented; or

(b) the collection is required by law; or

(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:

(i) is physically or legally incapable of giving consent to the collection; or

(ii) physically cannot communicate consent to the collection; or

(d) if the information is collected in the course of the activities of a non‑profit Code Subscriber—the following conditions are satisfied:

(i) the information relates solely to the members of the Code Subscriber or to individuals who have regular contact with it in connection with its activities;

(ii) at or before the time of collecting the information, the Code Subscriber undertakes to the individual whom the information concerns that the Code Subscriber will not disclose the information without the individual’s consent; or

(e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

10.2 Despite subclause 10.1, a Code Subscriber may collect health information about an individual if:

(a) the information is necessary to provide a health service to the individual; and

(b) the information is collected:

(i) as required by law (other than the Privacy Act); or

(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the Code Subscriber.

10.3 Despite subclause 10.1, a Code Subscriber may collect health information about an individual if:

(a) the collection is necessary for any of the following purposes:

(i) research relevant to public health or public safety;

(ii) the compilation or analysis of statistics relevant to public health or public safety;

(iii) the management, funding or monitoring of a health service; and

(b) that purpose cannot be served by the collection of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained; and

(d) the information is collected:

(i) as required by law (other than the Privacy Act); or

(ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the Code Subscriber; or

(iii) in accordance with guidelines approved by the Commissioner under s. 95A of the Privacy Act.

10.4 If a Code Subscriber collects health information about an individual in accordance with subclause 10.3, the Code Subscriber must take reasonable steps to permanently de‑identify the information before the Code Subscriber discloses it. 10.5 In this clause:

non‑profit Code Subscriber means a non‑profit Code Subscriber that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.

SUPPLEMENTARY BIOMETRICS INSTITUTE PRIVACY PRINCIPLES

11 Protection

11.1 Wherever practicable, a Code Subscriber shall ensure that biometric information is encrypted immediately after collection, that the original biometric information is destroyed after encryption and that biometric information is stored only in encrypted form.

11.2 Biometric information shall be held separately from other personal information the Code Subscriber may hold. Where practicable, biometric information shall be de-identified such as through removal of the name from any proximity to the biometric information. That biometric information shall be held in such a way that it cannot easily be matched with personal information.

11.3 Unless required by law, biometric information shall remain in storage only as long as is necessary for the proper functioning of the biometric system for which it was collected.

11.4 After personal information is no longer needed for any purpose for which it may be used or disclosed under Biometrics Institute Privacy Principle 2, it shall be destroyed or otherwise disposed of in a secure manner as outlined in Biometrics Institute Privacy Principle 4.2.

11.5 Transmissions of a biometric shall be undertaken with due care, giving due regard to the security of the medium involved.

11.6 Access to biometric information shall be limited to those within the Code Subscriber with a specific need to have access in order to fulfill their job functions. Code Subscribers will maintain records showing which individuals within their organisation have access to a biometric.

Note: In relation to clause 11 refer to Biometrics Institute Privacy Principle 4 as it has closely associated obligations

12 Control

12.1 Enrolments in biometric systems shall be voluntary, unless required by law.

12.2 Individuals who have enrolled in a biometric system shall be informed of any change in the scope or purpose of the system.

Note: Refer to Biometrics Institute Privacy Principles 1.3, 1.5, 2 as they have closely associated obligations

12.3 Secondary analysis or function creep of biometric information collected for purposes such as authentication or identification is not permitted without express free and informed consent. For example biometric information collected for the purposes of authentication and identification shall not be used to examine that information in search of genetic patterns or disease identification without express free and informed consent.

Note: Refer to Biometrics Institute Privacy Principle 2 as it has closely associated obligations

12.4 Individuals who have enrolled in a biometric system shall, where possible, and upon request, be given the opportunity to have their biometric information removed from the system.

Note: Refer to Biometrics Institute Privacy Principle 4 as it has closely associated obligations

National Privacy Principles mean the NatNational Privacy Principles mean the National Privacy Principles contained in Schedule 3 of the Privacy Act. A reference to a National Privacy Principle by number is a reference to the clause of Schedule 3 with that number.

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National Privacy Principles mean the National Privacy Principles contained in Schedule 3 of the Privacy Act. A reference to a National Privacy Principle by number is a reference to the clause of Schedule 3 with that number.