27 September 2023

PS privacy powers move to emergency level

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Government Agencies covered by the Privacy Act 1998 can now operate under emergency privacy provisions to assist people impacted by the bushfires.

The Government’s Privacy (Australian Bushfires Disaster) Emergency Declaration allows personal information about people affected by the bushfires to be exchanged by Agencies and private sector organisations for specific purposes that might not otherwise be allowed.

The Declaration will apply for the next 12 months.

Australian Information Commissioner and Privacy Commissioner, Angelene Falk said the Declaration would allow appropriate access to personal information about an individual impacted by the bushfires to help with a timely response to the emergency.

“It recognises the need to use personal information to provide support for people affected by these devastating bushfires, while protecting their right to privacy,” Ms Falk said.

She said that under the Declaration, personal information could be collected, used or disclosed for a purpose that directly related to the Commonwealth’s response to the emergency.

This included identifying individuals who were or might be injured, missing or deceased; assisting impacted individuals to obtain services; assisting law enforcement with the bushfire emergency, and coordinating or managing the emergency.

The Declaration also covered the need to ensure that a person who was responsible for an individual involved in the emergency was appropriately informed.

“If anyone has concerns that their personal information has been mishandled under the declaration they can make a privacy complaint,” Ms Falk said.

“We have developed a range of advice about the Declaration, including information for people affected by the bushfires and advice for Australian Government Agencies and organisations who are part of the response.”

The advice can be found at this PS News link.

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