Australian TPPs

Purpose: The Act aims to protect individuals’ privacy rights by regulating how ACT public sector agencies handle personal information.

Scope: All ACT public sector organizations, such as government departments, regional councils, and statutory authorities, are subject to the Act.

Territory Privacy Principles (TPPs): The Act sets out 13 TPPs that govern the handling of personal information by ACT public sector agencies.

Office of Information Commissioner: The Act creates the Office of Information Commissioner, which is in charge of upholding the Act's rules, looking into privacy concerns, and providing awareness of individuals' rights and responsibilities. Each Commissioner will serve for a term of 7 years.

Enforcement Mechanisms: The Act includes several enforcement measures, such as the Commissioner's authority to look into privacy violations and take appropriate action, as well as the right of individuals to access and update their personal data held by ACT public sector organizations. If an individual makes a privacy complaint, the Commissioner is empowered to make inquiries and investigations regarding the complaint as he/she deems necessary.

Deemed Breach: If a public sector agency discloses the personal information about an individual to an overseas recipient in such a manner that contravenes TPPs under the Act, it is considered a "deemed breach".

International Data Transfers: The Act prohibits the transfer of personal data outside of the ACT unless appropriate safeguards adequately protect the data. The public sector agency must ensure that overseas recipients do not breach the TPPs in relation to the information.

Penalties: ACT public sector organizations that violate the Act's rules risk fines and penalties and harm to their reputation and public distrust. Any person who uses or divulges the protected personal information about someone else would be subject to a 50 penalty unit or imprisonment for 6 months or both. (As per the Crimes Act 1914, one penalty unit equals 275 AUD).