4Definition of “personal information”

#### 4 Definition of “personal information” 4 Definition of “personal information” > > (1) In this Act, personal information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. > > > (2) Personal information includes such things as an individual’s fingerprints, retina prints, body samples or genetic characteristics. > > > (3) Personal information does not include any of the following— > > > > > (a) information about an individual who has been dead for more than 30 years, > > > > > (b) information about an individual that is contained in a publicly available publication, > > > > > (c) information about a witness who is included in a witness protection program under the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087) or who is subject to other witness protection arrangements made under an Act, > > > > > (d) information about an individual arising out of a warrant issued under the [Telecommunications (Interception) Act 1979](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (e) information about an individual that is contained in a public interest disclosure within the meaning of the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), or that has been collected while dealing with a voluntary public interest disclosure in accordance with that Act, Part 5, Division 2, > > > > > (f) information about an individual arising out of, or in connection with, an authorised operation within the meaning of the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136), > > > > > (g) information about an individual arising out of a Royal Commission or Special Commission of Inquiry, > > > > > (h) information about an individual arising out of a complaint made under Part 8A of the [Police Act 1990](/view/html/inforce/current/act-1990-047), > > > > > (i) information about an individual that is contained in Cabinet information or Executive Council information under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052), > > > > > (j) information or an opinion about an individual’s suitability for appointment or employment as a public sector official, > > > > > (ja) information about an individual that is obtained about an individual under Chapter 8 (Adoption information) of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), > > > > > (k) information about an individual that is of a class, or is contained in a document of a class, prescribed by the regulations for the purposes of this subsection. > > > (4) Personal information is held by a public sector agency if— > > > > > (a) the agency is in possession or control of the information, or > > > > > (b) the information is in the possession or control of a person employed or engaged by the agency in the course of such employment or engagement, or > > > > > (c) the information is contained in a State record in respect of which the agency is responsible under the [State Records Act 1998](/view/html/inforce/current/act-1998-017). > > > (5) For the purposes of this Act, personal information is not collected by a public sector agency if the receipt of the information by the agency is unsolicited. > > **s 4:** Am 2000 No 75, Sch 2.4; 2005 No 64, Sch 2.46 \[2\]; 2009 No 54, Sch 2.34 \[1\]; 2010 No 84, Sch 2.11; 2011 No 37, Sch 2.6; 2022 No 14, Sch 8.19\[1\]; 2022 No 74, Sch 1\[5\].