Under s72(2) of the
Privacy Act 1988 (Cth) (the Privacy Act), I determine that:
(1)
Public Interest Determination No. 11 -
Collection and use of contact details of genetic relatives to enable use or
disclosure of genetic information should be amended
as provided by Schedule A of this determination, and
(2)
Public Interest Determination No. 11A -
Collection and use of contact details of genetic relatives to enable use or
disclosure of genetic information should be amended
as provided by Schedule B of this determination.
Schedules
(A) Amendments to Public Interest Determination
No. 11
On page 3, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11’, under the heading ‘The
application’, in the first sentence: omit the word ‘Catherine’,
insert instead ‘Elizabeth’.
On page 6, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11’, under the heading ‘Process of Consultation’,
in the second sentence: omit the word ‘eight’, insert instead ‘nine’.
On page 9, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11’, under the heading ‘Breach of
National Privacy Principle 2.1’, in the second sentence: omit the word
‘consumer’, insert instead ‘relative’.
(B) Amendments to Public Interest Determination
No. 11A
On page 2, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11A’, under the heading ‘The
application’, in the first sentence: omit the word ‘Catherine’, insert
instead ‘Elizabeth’.
On page 5, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11A’, under the heading ‘Process of Consultation’,
in the second sentence: omit the word ‘eight’, insert instead ‘nine’.
On page 8, in the attachment titled ‘Statement of Reasons for
Public Interest Determination No. 11’, under the heading ‘Breach of
National Privacy Principle 2.1’, in the second sentence: omit the word ‘consumer’,
insert instead ‘relative’.
My reasons for
making this determination are attached.
Timothy Pilgrim
Australian Privacy Commissioner
17 December 2010
10 December
2010
Attachment: Statement of Reasons for
Public Interest Determination No. 11B
Attachment
Statement of
Reasons for Public Interest Determination No. 11B
Section
79(3), Privacy Act 1988 (Cth)
Determination
This statement sets out the context for, and my reasons for
making, Public Interest Determination 11B.
Background
On 16 November 2009, I made the following public
interest determinations:
(3)
Public Interest Determination No. 11 - Collection
and use of contact details of genetic relatives to enable use or disclosure of
genetic information (PID 11),
(4)
Public Interest Determination No. 11 A -
Collection and use of contact details of genetic relatives to enable use or
disclosure of genetic information (PID 11A).
The background to those determinations, and my
reasons for making them, are set out in the Statement of Reasons included in
each determination.
Reasons
for the decision
Correction of
errors
It has come to my attention that the Statements of
Reasons for PID 11 and PID 11A include three typographical errors, as set out
below:
(5)
The applicant is erroneously referred to as ‘Catherine’
McCusker. The applicant’s name is, as stated in the body of PID 11, ‘Elizabeth’
McCusker.
(6)
The Statements of Reasons for PID 11 and PID 11A
provide that, during the consultation process for PID 11 and PID 11A, eight
submissions were received. However, I received and considered submissions from
nine stakeholders. Appendix A to each PID notes the nine stakeholders that
made submissions regarding the proposed making of the PIDs.
(7)
In one instance, the Statements of Reasons
erroneously refer to a ‘consumer’ instead of a ‘relative’.
Accordingly, to avoid confusion, I have made this
determination to correct these three typographical errors in the Statement of
Reasons for PID 11 and 11A.
Authority to make the decision
Under s72 of the
Privacy Act, I am empowered to make a public interest determination in certain
circumstances.
A public interest
determination made under s72 of the Privacy Act is a ‘legislative
instrument’: see s5 of the Legislative Instruments Act 2003 (Cth).
Section 33(3) of
the Acts Interpretation Act 1901 (Cth) relevantly provides that
where an Act confers a power to make any instrument, unless the contrary
attention appears, that power is to be construed as including a power to ‘amend
or vary any such instrument’. The power to amend or vary an instrument is
to be exercised in a similar manner and subject to similar conditions as the
power to make the instrument.