For integration projects where the use of the data may constitute a breach of an Australian Privacy Principle, Commonwealth data custodians may make application to the Australian Information Commissioner for a Public Interest Determination (PID), or a Temporary Public Interest Determination (TPID).
Public Interest Determinations are issued by the Information Commissioner under the Privacy Act 1988. In making a determination, the Information Commissioner must be satisfied that the public interest in undertaking the project outweighs to a substantial degree the public interest in adhering to the Australian Privacy Principles. Where a determination is given, the use or disclosure of data for an integration project that might otherwise breach an APP is regarded as not breaching that principle for the purposes of the Privacy Act. For further information on public interest determinations (PIDs) or Temporary Public Interest Determinations (TPIDs) see the Public Interest Determination Procedure Guidelines on the Office of the Australian Information Commissioner (OAIC) website: www.oaic.gov.au.
For those considering making an application for a PID or a TPID, the Office of the Australian Information Commissioner strongly encourages them, to discuss the matter with the OAIC in the first instance.
The OAIC also maintains an online public register of current Public Interest Determinations and Temporary Public Interest Determinations.
For more information about the authorisation to release identifiable data see:
- Examples of legislated authorisation
- Human Research Ethics Committee Approvals
- Informed consent
- Public interest determinations