Machinery of government changes and privacy
Queensland government agencies are required to comply with the privacy principles1 in the Information Privacy Act 2009 (Qld) (IP Act) when dealing with personal information. Personal information is any information about an individual who can reasonably be identified.2
This guideline explains how the privacy principles apply to the movement of personal information during Machinery of Government changes in the State government.
Agency responsibilities
In the State government, Administrative Arrangements Orders allocate the principal responsibilities of each Minister.3 These responsibilities can be re-allocated, new agencies can be created, and old agencies disbanded.
These changes are called Machinery of Government changes (MoG changes) and will be reflected in new or amended Administrative Arrangements Orders.
MOG changes and the privacy principles
MOG changes will generally involve the transfer of responsibilities and their records to or from agencies. The personal information in those records must be handled in compliance with the privacy principles.
Use and disclosure
Preparing records containing personal information for transfer to another agency is a use of the personal information.4 Transferring records containing personal information to another agency will generally be a disclosure, because personal information is disclosed when the agency stops having control over it and gives it to someone who does not already know it.5 Both of these must comply with the privacy principles.6
Authorised or required under a law
The Administrative Arrangements Orders are made under section 44 of the Constitution of Queensland 2001. The privacy principles allow personal information to be used or disclosed where it is authorised or required by law.7 Because the Administrative Arrangements Orders are a law for the purposes of the privacy principles, any actions necessary to implement them will be authorised or required by law.
Once the new agency is in possession of the transferred records, it must deal with them in accordance with the relevant privacy principles.
Other actions
If an agency identifies opportunities for other actions, not related to transferring the records, such as data cleansing or records disposal, they should carefully consider their Public Records Act 2002 (Qld) obligations and consult Queensland State Archives for guidance if necessary.
- 1 The Information Privacy Principles (IPPs) for non-health agencies and the National privacy Principles (NPPs) for health agencies.
- 2 See section 12 of the IP Act for the definition of ‘personal information’.
- 3 Administrative Arrangements Orders are made by the Governor in Council and published in the Government Gazette and online at: https://www.qld.gov.au/about/how-government-works/government-responsibilities
- 4 Use is defined in section 23(3) of the IP Act.
- 5 Disclosure is defined in section 23(2) of the IP Act.
- 6 IPPs 8-10 for use and IPP 11 for disclosure or NPP 2 for use and disclosure.
- 7 IPP 10(1)(c) and IPP 11(1)(d) and NPP 2(1)(f).
Current as at: July 27, 2012