Privacy Act 1988 - Part VI - Public Interest Determination No. 13 - Disclosure and collection of personal information to improve outcomes for children and young people at risk of serious harm
Breach of National Privacy Principle 10.Breach of National Privacy Principle 10.1
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Breach of National Privacy Principle 10.1
As set out in the application, the acts or practices that are the subject of PIDs 13 and 13A involve the collection of certain types of sensitive information where seeking consent to the collection would place a child or young person at risk of serious harm.
Under NPP 10.1, an organisation must not collect ‘sensitive information’ about an individual unless the individual has consented or a listed exception applies. For the purposes of the Privacy Act, ‘sensitive information’ includes health information (s 6, Privacy Act).
As part of participating in the information sharing arrangements under the ISG, it may be necessary for the applicant to collect sensitive information without consent where it has been disclosed without consent. It is suggested that where it is inappropriate to seek consent to the disclosure of the personal information as to do so would place a child or young person at risk of harm, it would also be inappropriate to seek consent to the collection of this information.
It does not appear that the circumstances detailed in the application would allow the applicant to rely on any other exception to enable sensitive personal information to be collected where it has been disclosed without consent in accordance with the ISG.
I am satisfied that the proposed collection may breach NPP 10.1.