Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Outline
The Privacy Legislation Amendment (Disasters and Emergencies) Bill 2006 makes amendments to the Privacy Act 1988 and the Australian Security Intelligence Organisation Act 1979 .
Schedule 1 of the Bill inserts a new Part VIA in the Privacy Act to enhance information exchange between Australian Government agencies, State and Territory authorities, private sector organisations, non-government organisations and others, in an emergency or disaster situation. The Privacy Act already has exemptions concerning use and disclosure of personal information that afford agencies and organisations some flexibility in an emergency or disaster situation. However, these have proven difficult to apply with confidence in crises involving mass casualties and missing persons, because of uncertainty as to the extent of their application. Part VIA of the Bill is aimed at addressing the practical issues faced by agencies, the private sector and non-government organisations, which were highlighted during events such as the Asian tsunami in December 2004.
Part VIA establishes a clear and certain legal basis for the management of the collection, use and disclosure of personal information about deceased, injured and missing individuals involved in an emergency or disaster, whether it occurs in Australia or overseas. Part VIA does not compel disclosure of personal information but confirms that disclosure is permitted. Part VIA places beyond doubt the capacity of the Australian Government and others to lawfully exchange personal information in an emergency or disaster situation. Part VIA ensures that agencies make clear and timely decisions on information exchange in order to deliver necessary services to victims of tragedies. Part VIA will assist agencies and organisations in applying the Privacy Act less restrictively and with greater confidence in regard to the personal information that may be disclosed under the Privacy Act.
Part VIA will operate only upon the making of a declaration by the Prime Minister or the Attorney-General. In order for information exchange to occur effectively, Part VIA overrides most agencies' secrecy provisions. However, Part VIA is not intended to override agencies' internal information management processes. It assumes that all disclosures will take place in conformity with the usual authorisations and other internal controls.
Schedule 2 of the Bill makes a consequential amendment to the Australian Security Intelligence Organisation Act 1979 to ensure that ASIO is not prevented from disclosing personal information when an emergency is declared under Part VIA.
Financial impact statement
As the effect of the Bill is to clarify and confirm the basis on which personal information may be lawfully exchanged, it is not expected that there will be any new significant financial impact.