Privacy laws and principles

Purpose of Privacy Laws

The purpose of privacy laws is best described by the following principles underpinning privacy and data protection.

Openness and transparency

Individuals should be made aware of the information held about them and why it is held.

Balancing

Organisations should only collect personal information as is necessary, and should minimise intrusion into privacy.

Purpose limitation

Generally, personal information should be used for the purpose for which it was collected.

Information Privacy Act 2000 (Victoria)

The Victorian Information Privacy Act regulates the collection and handling of most personal information at La Trobe. It established 10 Information Privacy Principles referred to as IPPs. IPP 1 (collection) and IPP 10 (sensitive information) applies to personal information collected from the 1st of September 2001 whereas the remaining IPPs apply to personal information whenever collected.

The Act created the Office of the Victorian Privacy Commissioner. This Office is responsible for a range of functions administered under the Act, including the investigation and resolution of complaints made by individuals in respect to alleged breaches of privacy.

Health Records Act 2001 (Victoria)

The Victorian Health Records Act regulates the collection and handling of health information in both the public and private sector due to the likelihood of individuals receiving treatment and care at various stages of their life from both public and private health services.

The Act establishes 11 Health Privacy Principles referred to as HPPs. Unlike the Victorian Information Privacy Act, the principles of this Act apply not only to the rights of living persons, but also to the rights of deceased persons.

The Act appointed the Victorian Health Services Commissioner to perform a range of functions administered under the Act, including conciliation, investigation and resolution of complaints.