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Report 126 (2010) - Access to personal information
Table of contents
Updates and background for this project (Digest)
1. INTRODUCTION
2. PERSONAL INFORMATION
INTRODUCTION
DEFINING PERSONAL INFORMATION
The statutory provisions
The interpretation of the statutory provisions
Uncertainties in the statutory provisions
Should the definition be redrafted?
PERSONAL INFORMATION AND PRIVACY PRINCIPLES
The requirement that information be “held” by a public sector agency
The decision in Vice-Chancellor, Macquarie University v FM
Should privacy protection extend to personal information held in the mind of an employee of an agency?
EXCEPTIONS TO THE DEFINITION OF PERSONAL INFORMATION
Individuals dead for more than 30 years and information prescribed by regulation
Generally available publications
Documents in libraries, art galleries or museums
The name and non-personal contact details of persons engaged in the exercise of public functions
Suitability for appointment or employment as a public sector official
Royal Commissions and Special Commissions of Inquiry
Statutory exceptions
Conclusion
3. ACCESS TO AND AMENDMENT OF PERSONAL INFORMATION
INTRODUCTION
THE CURRENT LAW
Access and amendment under the FOI Act
Access and amendment under PPIPA
Comparison of the FOI and PPIPA regimes
Access and amendment under other legislative regimes
Submissions
THE NEW LAW
Abolishing access to information under the LGA
Transferring the FOI Act amendment regime to PPIPA
Should there be two amendment regimes in PPIPA?
Achieving a single amendment regime in PPIPA
Consistency of current amendment regimes
Access regimes
CLARIFYING THE RELATIONSHIP BETWEEN PPIPA AND THE GIPA ACT
4. PERSONAL INFORMATION OF THIRD PARTIES
5. PUBLIC OFFICIALS
APPENDICES
TABLES
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