A handy guide to help you untangle the complexities of privacy law.
Our consulting clients often ask us to advise on a seemingly simple question: Can we disclose this?
In reality, the question is: Can we disclose X type of information, to the recipient Y, in circumstances Z?
Finding the answer amongst the tangle of privacy principles, exemptions, exceptions, case law and interpretations offered by the Privacy Commissioner can be frustratingly complex. For example, in NSW privacy law there are thirteen differently-phrased exemptions relating to disclosures for law enforcement and investigations alone! Some rules only cover health information; some cover personal information but not ‘sensitive information’; some cover ‘transborder’ disclosures, but others don’t.
So how do you find your way through all the principles, exceptions and exemptions?
Untangling Privacy is designed to help you quickly navigate your way through the NSW privacy laws. It is relevant for private sector organisations and State-owned corporations regulated by HRIPA, and NSW public sector agencies (including universities and local councils) regulated by both PPIPA and HRIPA.
Untangling Privacy offers a set of six visual flowcharts, with yes/no answers determining your path, to quickly guide you through the Disclosure principles – and all the exemptions to those principles – that apply in NSW. It reflects the amendments to PPIPA which commenced in 2016, including the transborder rule, and the new statutory guidelines on research.
Untangling Privacy works as a companion guide to our annotated guide to the NSW privacy laws, PPIPA in Practice, which is now in its tenth year of publication, and is updated quarterly to reflect the latest case law. PPIPA in Practice incorporates interpretations of both PPIPA and HRIPA, from the more than 300 cases decided to date.
While Untangling Privacy provides the handy navigation tool to steer you in the right direction towards finding the legislative provision most relevant to your circumstances, PPIPA in Practice then fleshes out the detail.
Think of it like this: Untangling Privacy is your map, and PPIPA in Practice is the instruction manual to fly your plane.
So now you can quickly figure out the answer to the question: Can we disclose this?
Click below to purchase Untangling Privacy – A flowchart guide to the NSW Disclosure rules.
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