Presentation to the Local Authorities Revenue Management Association – October 2012 The role of...
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Transcript of Presentation to the Local Authorities Revenue Management Association – October 2012 The role of...
Presentation to the Local Authorities Revenue Management Association – October 2012
The role of the Office of the Information Commissioner
Today’s presentation
1. The role of the OIC2. Overview of the RTI Act and IP Act3. Important privacy concepts4. Resources5. Where to go for help
What is the OIC?• Independent statutory body
• Established under the Right to Information Act 2009 (Qld) (RTI Act) and the Information Privacy Act 2009 (Qld) (IP Act)
• Promotes access to government-held information and protects people’s personal information held by the public sector.
OIC structureQueensland community
Queensland Parliament
Legal Affairs and Community Safety Committee
Information Commissioner
RTICommissioner
PrivacyCommissioner
First AssistantInformation
Commissioner
Manager, Corporate& Executive Services
• External Review • Privacy functions (IP Act)
• Info and Assistance
• Performance Monitoring
• Training and stakeholder relations
• Corporate and business support
Decision-making functions• OIC conducts independent merits reviews of RTI
and IP decisions
• Reconsideration of all aspects of the original decision
• Encourages early and informal resolution
• Can require agencies to hand over documents
• Can examine witnesses under oath or affirmation
Privacy functions• Privacy complaints
• Referral to QCAT if cannot be mediated
• Waive or modify privacy principles obligations
• Issue compliance notices if agency has contravened privacy obligations
Support functions• Promotes awareness of the RTI and IP Acts
• Provides information and assistance to agencies and public
• Produces guidelines to assist with interpretation of the RTI and IP Acts
• Monitors and reports on agency compliance
• Conducts training and education programs
RTI Act: A new approach
RTI Act: A new approachPush model:Government information will be released
administratively as a matter of course, unless there is a good reason not to, with applications under this Act being necessary only as a last resort
- Preamble to the Right to Information Act 2009 (Qld)
Important privacy conceptsObject of the IP Act: to provide for the fair collection and handling of personal information in the public sector environment AND a right of amendment.
Agencies are obliged to comply with the privacy principles when handling personal information: • Information Privacy Principles (IPPs)
• Transfer out of Australia rules
• Contracted service provider rules
IPPsSet of rules about how agencies must:
• Collect• Store• Use• Disclose• Handle• Dispose of
the personal information they hold
Transfer out of Australia• Risk that personal information may not be
appropriately protected
• S.33 IPA only allows transfer in certain situations eg where individual agrees
• Consider s.33 before placing personal information online or transferring/collecting it over the internet eg cloud computing, social networking, online survey tools
Contracted service providers
• Agency should ensure contractor is required to comply with the IP Act.
• Once bound, the contracted service provider assumes the privacy obligations as if it were the agency.
Consequences of a privacy breach
• Privacy complaints – QCAT can make compensation orders of up to $100,000
• Information Commissioner can issue compliance notices, conduct reviews into PI practices and report to Parliament
These powers extend to bound contracted service providers
Training
Online information privacy training now available – contact our Training and Stakeholder Relations team for more details and to register:
SupportOIC Enquiries Service
3234 7373 [email protected]
Guidelines and other resources available on OIC website: www.oic.qld.gov.au
Questions?