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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Health Public Interest Directions
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Health Public Interest Directions
What directions do (and what they don't do)
A health public interest direction modifies the application of the HPPs to particular projects or activities of one or more public sector agencies or private sector persons and organisations.
A direction does not permit conduct that would otherwise be unlawful. In other words, it does not override any other laws, contracts or agreements which may already affect an organisation, such as obligations to protect confidentiality or secrecy.
For example, a public interest direction which modifies HPP 11 (the disclosure principle) doesn’t necessarily provide a new lawful excuse for a disclosure to occur. All it can do is say that the disclosure, if it goes ahead, will not breach the HPPs in the HRIP Act. The disclosure must itself be lawful under other laws or agreements. Therefore, even with a public interest direction, some disclosures may still be prohibited for other reasons.
How is a health public interest direction made?
Under section 62 of the HRIP Act, the Privacy Commissioner may make a direction to waive or modify the application of one or more of the HPPs to one or more NSW public sector agencies and/or private sector persons and organisations.
Public interest directions are usually temporary in nature. This allows the affected agency or organisation some time in which to either:
- amend their practices and procedures, to bring them into compliance with the HPPs, or
- draft a more permanent exemption, by way of a health privacy code of practice or specific legislative authority by way of an Act or regulation.
Agencies or organisations may approach the Privacy Commissioner to request a health public interest direction, or the Privacy Commissioner may recognise a need for a health public interest direction without a request.
The Privacy Commissioner must weigh the public interest in the application of the HPPs to the conduct at issue, as against the public interest in allowing an exemption. This process may involve some consultation with affected parties, and the Privacy Commissioner may need to ask the organisation/s concerned for more detailed information about their request and their reasons for seeking the exemption.
If the Privacy Commissioner is satisfied that the public interest in allowing an exemption outweighs the public interest in the application of the HPPs to the conduct at issue, the Privacy Commissioner will then draft a direction. The draft direction may then be the subject of a further round of consultation.
Finally the Privacy Commissioner must submit the draft direction to the Attorney General for consultation, and finally to the Minister for Health for approval. The Privacy Commissioner must have the Minister for Health’s approval to make the direction.
Once the Privacy Commissioner has made a direction, it is loaded on the Privacy NSW website.
What health public interest directions have been made?
Directions made to date, and still current, apply to:
Previous Directions:
- Direction relating to the Anti-Social Behaviour Pilot Project (This direction applied to the agencies listed in Schedule 1 and the locations listed in Schedule 2. It operated from 30 April 2007 until 2nd September 2008, and replaced the previous direction relating to the Case Coordination Partnership Project. A related direction has been made under s.41 of the PPIP Act.)
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