About privacy
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What is Queensland Privacy?
Queensland Privacy, Information Standard 42 (IS42): Information Privacy (this will take you to another website), is an administrative scheme that was approved by Cabinet in 2001 and contains 11 Information Privacy Principles adopted from the Commonwealth Privacy Act 1988. The Information Privacy Principles regulate how personal information is collected, secured, used and disclosed by Queensland Government agencies.
The Department of Justice and Attorney-General is the lead agency for Queensland Privacy.
As government policy, Queensland Privacy is subject to legislation and any existing contractual obligations of agencies. Where legislation and existing contractual obligations do not apply, Queensland Government agencies must comply with the 11 Information Privacy Principles.
Are there any situations where the Information Privacy Principles do not apply?
Yes. While IS42 covers personal information held by Queensland government agencies there are a limited number of situations where the Information Privacy Principles will not apply.
As an administrative scheme, IS42 is subject to legislation—which means that legislation prevails where there is an inconsistency between other legislation and IS42.
A number of other situations exist where IS42 will not generally apply. These can be divided into three categories:
1. exempt organisations;
2. exempt activities; and
3. exempt information.
Exempt organisations: Bodies such as Royal Commissions are specifically excluded from the operation of IS42. Queensland Health is not covered by IS42, however it adheres to the privacy principles contained in Information Standard IS42A (this will take you to another website).
Exempt activities: A number of agencies are only subject to IS42 for certain functions. For example, IS42 does not apply to Courts and Tribunals with respect to their judicial and quasi-judicial functions. The Information Privacy Principles that relate to the collection, storage, use and disclosure of personal information do not apply to some law enforcement agencies in relation to their operational functions (eg. conducting a criminal investigation) but do apply in relation to their administrative functions (eg. collection, use and disclosure of employee-related information).
Exempt Information: IS42 may not apply to certain kinds of personal information including personal information about individuals involved in covert law enforcement activities, witnesses in witness protection programs and persons involved in public sector disciplinary actions and misconduct.
Also, information in a generally available publication such as a newspaper
or magazine is not covered by IS42.
Privacy awards
As the lead agency for privacy in the Queensland public sector, the Department of Justice and Attorney-General is encouraging nominations for the Inaugural Australian Privacy Awards and Australian Privacy Medal.
The Office of the Privacy Commissioner (Commonwealth) is conducting these awards to recognise eligible individuals, government agencies, businesses and not-for-profit organisations that have excelled in this field.
These awards provide the opportunity to acknowledge those who have shown leadership and professionalism when applying privacy standards.
Nominations close 9 July 2008 with a presentation to take place at a gala dinner on 27 August 2008.
An information pack is available on the Office of the Privacy Commissioner’s website.
Updated 27 February 2006
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