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Direction On The Collection Of Personal Information About Third Parties By New South Wales Public Sector (Human Services) Agencies From Their Clients
Privacy and Personal Information
Protection Act 1998 (NSW)
Explanatory note
The Better Service Delivery Program is an initiative of the NSW Human Services CEOs Group in partnership with non-Government organisations (NGOs). The Better Service Delivery Program includes the Electronic Client Referral Project. One component of the Electronic Client Referral Project is “ReferraLink”.
An earlier Direction covered those agencies participating in a trial of ReferraLink noted:
“In the process of the ReferraLink trial it may be necessary for a public sector agency to collect personal information about a third party in circumstances which would, without this Direction, breach sections 9 and 10 of the Privacy and Personal Information Protection Act 1998.”
Clause 6 of the earlier Direction made the modifications to sections 9 and 10:
“subject to the condition that the collection of the third party’s personal information is reasonably necessary for participation in the ReferraLink trial”.
During that trial the participating agencies discovered that other client service activities are equally affected by obligations under sections 9 and 10.
This Direction addresses all client service activities and is not limited to those activities involved in participation in the ReferraLink trial.
Direction
I, Judge K V Taylor, Privacy Commissioner, hereby make the following Direction pursuant to section 41 of the Privacy and Personal Information Act 1998 :
This Direction covers each public sector agency, as defined in section 3 of the Privacy and Personal Information Protection Act (the PPIP Act), which is listed in the Schedule to this Direction. However any public sector agency may choose to comply with Part 2 Division 1 of the Act rather than comply with this Direction.
1. This Direction applies to the personal information held by a public sector agency, regardless of whether the personal information is
(i) in the possession or control of the agency, or
(ii) in the possession or control of an NGO engaged by the agency in the course of such engagement.
2. This Direction authorises the collection by a New South Wales public sector agency, from an individual who is a client of the public sector agency (the client), of personal information about another individual (the third party), where such collection would otherwise breach section 9 of the Act.
3. This Direction authorises the collection by a New South Wales public sector agency of personal information about a third party, where such collection would otherwise breach section 10 of the Act.
4. Collections authorised under paragraphs 3 and 4 are subject to the condition that the collection of the third party’s personal information is reasonably relevant and reasonably necessary for the purpose of the agency providing services, diagnosis, treatment or care to the client.
5. This Direction does not affect public sector agencies in relation to their obligations, with respect to the third party’s personal information, under section 8 or sections 11 to 19 of the Act.
6. This Direction does not apply to “health information”, as defined in section 6 of the Health Records & Information Privacy Act 2002 (HRIP Act).
7. This Direction replaces the previous Directions made on 26 June 2003, 19 December 2003, 31 December 2004, 31 December 2005, 29 December 2006 and 28 December 2007.
8. This Direction will have effect from 1 January 2009 to 31 December 2009, or until the making of a Privacy Code of Practice or other specific legislative authority authorising collections which would otherwise breach sections 9 and 10 of the PPIP Act, whichever is earlier.
Signed by me on this 23 day of December 2008.
K V Taylor
Privacy Commissioner
Schedule
Public Sector Agencies covered by this Direction
· Department of Aboriginal Affairs
· Department of Ageing, Disability and Home Care
· Department of Community Services
· Department of Education and Training
· Department of Housing
· Department of Juvenile Justice
· NSW Health Department
· Ambulance Service of NSW
· Corrections Health Service
· Westmead Children’s Hospital (The Royal Alexandra Hospital for Children)
· The Stewart House Preventorium, Curl Curl
· The Institute for Clinical Excellence
· HealthQuest
· Greater Southern Area Health Service
· Greater Western Area Health Service
· Hunter/New England Area Health Service
· North Coast Area Health Service
· Northern Sydney/Central Coast Area Health Service
· South Eastern Sydney/Illawarra Area Health Service
· Sydney South West Area Health Service
· Sydney West Area Health Service
· Department of Premier and Cabinet (in relation to Community Solutions)
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