Frequently asked questions (for members of the public)
General
How do I make a privacy complaint?
What is privacy?
What is personal information?
What is health information?
What are the information protection principles?
What are the health privacy principles?
What is a public sector agency?
Work
Do I have to tell my employer the reason for my sick leave?
Who do I speak to about workplace surveillance and email / GPS monitoring?
Home
My neighbour has set up a video camera that looks onto my property. Is this lawful?
I think that I may be on a tenant's blacklist. What can I do about it?
Street
What privacy issues do camera phones raise?
Can my photograph be taken or published without my consent?
Business
I want to lease a property but the real estate agent wants to know details about my bank account and how much I earn. Are they entitled to this information?
My real estate agent advertised how much my house sold for without my consent. Can they do this?
Do I have to provide my Drivers Licence as ID? Are businesses allowed to record this information?
Government
How do I obtain information about myself from NSW Government agencies?
Can my local council give me information about my neighbours?
Can I ever get my criminal record expunged?
Can I suppress my name from a public register?
Health
Do I have to tell my employer the reason for my sick leave?
How can I get access to my medical records?
Can my health information be used without my knowing for research purposes?
How can I make a complaint about a breach of my health privacy?
General
How do I make a privacy complaint?
If you feel that your privacy has been breached, there are different rules for making a complaint, depending on:
- what your complaint is about
- who your complaint is about, and
- when the conduct you are complaining about happened.
See How to make a complaint about a breach of your privacy.
What is privacy?
Privacy has sometimes been described as:
- the right to be left alone, or
- the right to exercise control over one’s personal information, or
- a set of conditions necessary to protect our individual dignity and autonomy.
We often think about privacy in different ways, for example:
- physical privacy - such as bag searching, use of our DNA
- information privacy – the way in which governments or organisations handle our personal information such as our age, address, sexual preference and so on.
- freedom from excessive surveillance – our right to go about our daily lives without being surveilled or have all our actions caught on camera. More>>
What is personal information?
Personal information is any information or opinion about an identifiable person. This includes records containing your name, address, sex, etc., or physical information like fingerprints, body samples or your DNA. More>>
What is health information?
‘Health information’ is a specific type of personal information. Health information includes personal information that is information or an opinion about the physical or mental health or a disability of an individual.
Health information also includes personal information that is information or an opinion about:
- a health service provided, or to be provided, to an individual
- an individual’s express wishes about the future provision of health services to him or her
- other personal information collected in connection with the donation of human tissue
- genetic information that is or could be predictive of the health of an individual or their relatives or descendants.
If your organisation is a health service provider, ‘health information’ includes all of the above plus any other personal information collected to provide, or in providing a health service.
‘Health information’ is defined in section 6 of the HRIP Act.
What are the information protection principles?
The 12 information protection principles (IPPs) are the key to the Privacy and Personal Information Protection Act (PPIP Act). They are legal obligations that describe what NSW government agencies (including statutory bodies and local councils) must do when they handle personal information. The 12 IPPs cover the collection, storage, use and disclosure of personal information as well as access and correction rights.
See a plain English version of the IPPs or see the full text of the IPPs.
However, in some cases, government agencies do not have to follow one or more of the IPPs, for example when information is being used for law enforcement (see a list of the major exemptions to the IPPs). For more information about these exemptions, contact the Privacy Contact Officer in the agency or Privacy NSW.
What are the health privacy principles?
The 15 health privacy principles (HPPs) are the key to the Health Records and Information Privacy Act (HRIP Act). They are legal obligations describing what NSW public sector agencies and private sector organisations and individuals, such as businesses, private hospitals, GPs, gyms and so on must do when they handle health information. The 15 HPPs lay down the basic rules of what an organisation must do when it collects, stores, uses and discloses health information. The HPPs also cover access and correction rights.
See a plain English version of the HPPs.
However, in some cases, organisations do not have to comply with one or more of the HPPs. For more information about exemptions, see the full text of the HPPs, or contact the Privacy Contact Officer in your organisation or Privacy NSW.
What is a public sector agency?
The term ‘public sector agency’ includes most State government departments and statutory authorities, and all local and county councils in NSW. State-owned corporations (such as RailCorp and Sydney Water) are not public sector agencies. If you are not sure whether the organisation that you are complaining about is a 'public sector agency', contact Privacy NSW or the organisation itself.
Work
Do I have to tell my employer the reason for my sick leave?
Both employers and employees in the NSW public and private sectors have different responsibilities as far as information about sick leave is concerned. More>>
Who do I speak to about workplace surveillance and email / GPS monitoring?
The Workplace Surveillance Act 2005 covers workplace surveillance and monitoring.
If you seek information in regard to these issues you should contact the Legislation & Policy Division of the NSW Attorney General's Department. Their website is at www.lawlink.nsw.gov.au/lpd and their contact phone number is (02) 8061 9222.
The Legislation & Policy Division has also produced A Short Guide to the Workplace Surveillance Act.
Please note that Privacy NSW has no jurisdiction over this Act.
Home
My neighbour has set up a video camera that looks onto my property. Is this lawful?
There are currently no laws that specifically restrict the use of surveillance systems in residential settings. Where a home is also a “workplace”, you should look at the Workplace Surveillance Act. If voyeurism is involved see Division 15B of the Crimes Act1900 (see below).
It is possible that the installation of surveillance cameras that intrude on the privacy of neighbours is a planning issue that could be regulated under councils’ development control powers. However the Environmental Planning and Assessment Act does not clearly support such a position. We are not aware of any council that has attempted to deal with this issue through the use of its development control powers. You may however wish to contact your local council for further advice on this issue.
If video surveillance has reached a high level of intensity, you may be able to make a common law claim of nuisance on the basis of unreasonable interference with the enjoyment of your property. We are aware of one local case (Raciti v Hughes, unreported, NSW Supreme Court, 1995) where the Supreme Court granted an interim injunction to a neighbour to restrain the intrusive use of a video camera. However taking legal action can be an expensive and uncertain process. We would certainly not recommend that you begin such action without strong supporting legal advice.
If the installation of the cameras has taken place in the context of a wider dispute involving threatening behaviour, you may be able to have the issue addressed in the context of an application for an apprehended violence order. If such an application is made, the magistrate has the power to make ancillary orders to defuse the likelihood of violence. This could include for example an order to remove a surveillance camera.
We also note that Crimes Act1900 now has a separate division "Voyeurism and related offences" (Division 15B) which may be relevant if voyeurism and the like is involved. You should obtain legal advice on whether this Division may apply to actions of your neighbours.
Privacy NSW has the power to investigate and seek to conciliate a complaint about conduct that interferes with an individual’s privacy generally. However if the person complained about refuses to compromise, the action we can take is limited.
Alternatively you could try to have the matter resolved by way of mediation through your local Community Justice Centre. For details of this process, please contact the Community Justice Centres on 1800 990 777.
I think that I may be on a tenant's blacklist. What can I do about it?
Residential Tenancy Databases (RTDs) are privately owned and operated electronic databases that collect information from real estate agents about tenants to assist property managers and landlords assess risk and identify potential ‘bad’ tenants. These tenancy databases are often referred to as ‘blacklists’. RTDs operate nationally and at the current time are largely unregulated. If you think that you have been listed on a tenancy blacklist, there are certain steps that you can take to have that information removed. More>>
Street
What privacy issues do camera phones raise?
On one hand, you could say that camera phones (mobile phones with in-built digital camera technology) don’t raise any new privacy issues – they raise the same issues as any small camera. Camera phones are simply an example of applying a new technology to an existing privacy problem : the problem of taking and publishing photographs without consent.
On the other hand, because of their dual use and the ubiquity of mobile phones in Australian society, camera phones may increase the likelihood of photography which is intrusive or otherwise an invasion of privacy. More>>
Can my photograph be taken or published without my consent?
Existing laws and remedies for the taking or publishing of a person’s photograph without their consent involve stalking / harassment laws, nuisance and trespass. If the photograph is used to imply that the person endorses a particular product, this is known as ‘passing off’, and there may be a remedy under the Trade Practices Act. More>>
Business
I want to lease a property but the real estate agent wants to know details about my bank account and how much I earn. Are they entitled to this information?
Many real estate agents are likely to be covered by the Federal Privacy Act 1988. That Act covers many private sector organisations and regulates how they collect, store, use and disclose personal information. Generally, an organisation must not collect personal information unless the information is necessary for one or more of its functions or activities, and must not collect information in an unreasonable or intrusive way. This Act is administered by the Office of the Federal Privacy Commissioner and you should start by contacting them to discuss your enquiry.
My real estate agent advertised how much my house sold for without my consent. Can they do this?
Many real estate agents are likely to be covered by the Federal Privacy Act 1988. That Act covers many private sector organisations and regulates how they collect, store, use and disclose personal information. It is possible that advertising the sale price of a house may in some circumstances amount to a disclosure of personal information, if your identity is apparent or can reasonably be ascertained from the information contained in the advertisement. This Act is administered by the Office of the Federal Privacy Commissioner and you should start by contacting them to discuss your enquiry.
Do I have to provide my Drivers Licence as ID? Are businesses allowed to record this information?
There is increasing demand for individuals to provide proof of identity in shops, clubs, associations and other private businesses and government agencies. NSW law (specifically, section 23(1) of the NSW Road Transport (General) Act 1999) states that an organisation can only ask you for your drivers licence if it is authorised by the law (eg. the police). However, it also states that under certain circumstances an organisation can request to see a drivers licence. More>>
Government
How do I obtain information about myself from NSW Government agencies?
You have a right to find out what information NSW Government agencies and local councils hold about you and to inspect it. You can also ask for records to be amended or corrected if the information about you is inaccurate, irrelevant or out of date.
Your right of access in NSW may be covered by different laws. This means you need to make some choices about how to apply, depending on what the information is, how quickly you want it, or what you want to do with it. More>>
Can my local council give me information about my neighbours?
Sometimes you might need to contact the owner of your neighbouring property, for example if you need to discuss a dividing fence or an overhanging tree. If the owner of your neighbouring property doesn’t live there (for example it is their holiday home or an investment property), you may want to approach the State government or the local council to find out who owns a particular property, and/or where the owner lives. More>>
Can I ever get my criminal record expunged?
A criminal record that is spent under the Criminal Records Act or similar legislation in another jurisdiction is not automatically expunged. In NSW spent convictions remain on the Police criminal history system and can still be used for some purposes. However in some circumstances the Police may remove your details from the criminal history system. This is sometimes described as expunging the record.
To expunge means to block out or obliterate. This is not quite what happens when your record is removed. For example you may be successful in having the fingerprints, photographs and associated record that were created when you were charged or convicted removed. However the court record of your conviction, the police record of the incident and the prosecution file may still remain.
Please note: We have been officially informed that, in future, criminal records will only be expunged as a result of a court order.
Can I suppress my name from a public register?
The PPIP Act contains specific rules 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. More>>
Health
Do I have to tell my employer the reason for my sick leave?
Both employers and employees in both the NSW public and private sectors have different responsibilities as far as information about sick leave is concerned. More>>
How can I get access to my medical records?
Your right of access to your medical records in NSW is covered by different laws. This means you may need to make some choices about how to apply for access.
If you want to see your medical records held by a private sector person or organisation, such as your GP or physiotherapist, you may need to choose between:
More>>
If you want to see your medical records held by a public hospital, you can choose between:
More >>
Can my health information be used without my knowing for research purposes?
Yes it can, but only in limited circumstances.
Generally speaking, where your health information is held by an organisation it can only be used for research with your consent. Otherwise, the organisation would have to de-identify your health information (which means that you can no longer be identified from the information) before giving it to a researcher.
However in limited circumstances, researchers may ask organisations for permission to use your health information without your consent for research in the public interest. This should only happen where it is not practical to seek your consent (because, for example, there were no current contact details for you), and where it is not possible to carry out the research using de-identified information.
In such circumstances, the researcher and the organisation holding your health information would need to comply with the Privacy Commissioner’s statutory guidelines on research before proceeding. The statutory guidelines on research require research proposals to be approved by a Human Research Ethics Committee. The Committee will review the research proposal and decide whether the public interest in the research substantially outweighs the public interest in privacy. Only where the Committee decides that the public interest in the research substantially outweighs the public interest in privacy, can your health information be used for the research.
How can I make a complaint about a breach of my health privacy?
If you think your health privacy has been breached, you can make a complaint. The process for dealing with your complaint will depend on who the complaint is against (the respondent).
If your complaint is against a NSW public sector agency it should generally be dealt with by way of internal review. In some special circumstances, you could choose instead to make a complaint to Privacy NSW. Click here to find out if your case fits the definition of special circumstances.
If your complaint is against a NSW private sector person or organisation, you can make a complaint to Privacy NSW.
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