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Wednesday, 8 November 2000
Page: 22384


Mr WILLIAMS (Attorney-General) (11:29 AM) —The government regards this proposed amendment as being inconsistent with an aspect of the basic design of the legislation. The related body corporate provision, clause 13B, allows related bodies corporate to share personal information and use that information in accordance with the original purpose of collection. Proposed government amendment No. 10 provides that an organisation cannot collect personal information from an entity that is exempt from the operation of the bill without it first ensuring that national privacy principle 1, which regulates collection practices of organisations, is complied with.

The opposition proposes to amend the clause so that related bodies corporate can share personal information with each other only if it `would not exceed the reasonable expectations of the community' and national privacy principle No. 1 has been complied with. The government regards this amendment as unnecessary. Government amendment No. 10 ensures that NPP 1 is complied with before related bodies corporate can share personal information. The national privacy principles are all about using and disclosing personal information in a way that is consistent not with the reasonable expectations of the community but with the reasonable expectations of the individual who is providing it. That is a fundamental aspect of the design of this regime. The requirement that sharing information be within the reasonable expectations of the community is also vague and, with respect, displays a lack of understanding of what the principles are about.

Amendment negatived.