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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Privacy Codes of Practice
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Privacy Codes of Practice
How is a privacy code of practice made?
Agencies may prepare privacy codes of practice to modify the application of one or more information protection principles or the public register provisions of the PPIP Act or specify how they are to be applied to particular activities or classes of information. This will sometimes be needed where, in the operations of an agency, privacy has to be balanced against other public interests. Codes of practice must still meet a number of requirements to ensure that they protect privacy.
The Privacy Commissioner can also prepare codes to cover activities common to a number of agencies.
Codes are drafted by Parliamentary Counsel. Codes must be approved by the Attorney General and published in the Government Gazette. Prior to this draft codes prepared by agencies must be submitted to the Privacy Commissioner. The Privacy Commissioner may make a submission to the agency, and ultimately to the Attorney General, on draft codes submitted for approval.
Agencies wishing to submit a code to the Privacy Commissioner should give Privacy NSW advance notice so that we can make suggestions on the need for a code and any supporting case. We strongly suggest that agencies submit a separate business case before preparing their draft code to explain why a code is needed. This allows the justification for making a code to be assessed but does not form part of the final code.
The Privacy Commissioner has issued a Protocol on Assessing Draft Privacy Codes of Practice.
What privacy codes of practice have been made under the PPIP Act?
The Attorney General has approved a number of Privacy Codes of Practice which modify or waive the application of the information protection principles and/or the public register provisions. These include:
The Codes mentioned above were made under the PPIP Act. Codes can also be made under the HRIP Act, see Exemptions and Codes made under the HRIP Act.
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