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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Public Registers
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Public Registers
In addition to the IPPs, there are special rules for personal information held on public registers.
The rules in Part 6 of the PPIP Act contain specific provisions which regulate when NSW public sector agencies can disclose personal information contained in public registers, and when an individual can ask for their personal information to be suppressed from a public register.
What is a public register?
Under the PPIP Act a public register means a register of personal information that is required by law to be, or is made, publicly available or open to public inspection, whether or not on payment of a fee.
A register can be described as “an official or formal list recording names, events or transactions”.
As well as lists which are formally described in another law as registers, it would include documents such as records of approvals or licences. It would not include registers where access is restricted to specific classes of people.
Because every public register is different, the type of personal information included on the register will depend upon the particular purpose of the register and the circumstances of the people it concerns. However, personal information kept on public registers could include names, home addresses, telephone numbers, email addresses, gender, occupation, and professional details.
For example:
- electoral rolls provide name and address details of individuals eligible to vote
- local councils keep registers of development applications, development consents, and building certificates
- some agencies keep a register of professional or trade membership details
When can personal information contained on a public register be disclosed?
Generally, before disclosing personal information contained in a public register an agency must first establish the reason why access is being sought. An agency can only disclose personal information kept in the register if it is satisfied that the information is to be used for a purpose relating to:
- the purpose for which the register is kept; or
- the law under which the register is kept.
These provisions prevail over any provisions of the law under which the register is established.
The only exemption to this general rule is if the Attorney General makes a regulation or a privacy code of practice.
For example the public registers held by Land & Property Information (previously known as the Land Titles Office) have been excluded from the public register provisions by regulation, and privacy codes of practice have also been approved to modify the public register provisions for some registers, particularly in relation to local government.
When can information be suppressed from a public register?
In some circumstances, where the safety or wellbeing of any person would be affected an individual may request that his or her personal information should not be made available to the public.
The PPIP Act says that where personal information is contained, or is proposed to be contained, in a public register an individual can request that the public sector agency responsible for keeping the register:
- removes or does not place the information on the register; or
- does not disclose the information from the register to the public.
If the agency is satisfied that the safety or well-being of any person would be affected by not suppressing the personal information as requested then:
- the agency must suppress the information; unless
- the agency believes that the public interest in maintaining public access to the information outweighs any individual interest in suppressing the information.
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