Commonwealth legislation

Privacy Act 1988 - Public Interest Determination No. 4

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination lets the Australian Federal Police disclose personal information from criminal and motor vehicle accident reports to insurers, legal representatives and other parties directly involved in settling claims or related litigation.

It overrides the usual privacy bar because the public benefit is deemed to outweigh privacy limits, but requires disclosures be relevant, limited to involved parties, handled under privacy protections where practicable, recorded by the AFP, and subject to the Privacy Commissioner’s oversight.

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Current sections

Direct links to the current provisions in Privacy Act 1988 - Public Interest Determination No. 4.

Privacy Act 1988 - Public Interest Determination No. 4

PRIVACY ACT 1988

PART VI

PUBLIC INTEREST DETERMINATION NO. 4

(PID 4)

Dated 29 April 1991

in respect of

Application No : 4 (dated 2 August 1990).

Applicant : The Australian Federal Police

Nature of the : Disclosure of police reports for the

Application purposes of pursuing insurance claims or civil litigation.

Information Privacy : IPP 11

Principle (IPP)

Concerned

DETERMINATION

Under section 72 of the Privacy Act 1988, I give notice of my determination, as follows:

The Australian Federal Police (the agency) may disclose personal information contained in criminal offence reports and motor vehicle accident reports subject to the following conditions:

Conditions

(1) Information shall only be disclosed to the extent that it is relevant to the resolution of disputes or claims arising from the incidents which are the subject of the reports.

(2) The information may only be disclosed to an individual or organisation directly affected by the incident or responsible for the management or resolution of claims arising from the incident.

(3) Any disclosure shall be conditional, as far as practicable, on an undertaking from the recipient of the information that the information will be handled in a manner consistent with the Information Privacy Principles, and in particular that Information Privacy Principle 11.3 (limiting re‑use and re‑disclosure) will be observed.

(4) That a record of the disclosure be noted and, where appropriate, the reason for disclosure.

The Privacy Commissioner shall monitor the operation of this determination and notes that if he considers that the determination is not being observed, he may make a further determination revoking or varying this determination.

Dated this 29th day of April 1991

KEVIN O'CONNOR

Privacy Commissioner

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Privacy Act 1988 - Public Interest Determination No. 4