QPP 6 - disclosure to ASIO

Overview

All Queensland government agencies¹ must handle personal information in accordance with the Queensland Privacy Principles (QPP) in the Information Privacy Act 2009 (Qld) (IP Act).

What is personal information?

Section 12 of the IP Act provides that personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether it's true or recorded in a material format.

The individual does not need to be directly identified in the information for it to be personal information. It is sufficient if they can reasonably be identified by reference to other information.

The personal information of one individual may also be the personal information of other individuals. OIC refers to this as mutual personal information, and examples include a marriage certificate, which contains personal information of both parties to a marriage, or a vocational reference that includes personal information about both the author and the subject of the reference.

Refer to Key privacy concepts – personal and sensitive information for more information.

Use and disclosure

An agency can use and disclose personal information for the reason it was collected (the primary purpose). An agency can only use or disclose personal information for a secondary purpose as set out in QPP 6.

Use and disclosure are both defined in the IP Act. Use and disclosure are both defined in the IP Act. Refer to Key privacy concepts – use and disclosure for more information.

QPP 6 – Disclosure to ASIO

An agency can disclose personal information to ASIO where all the criteria under QPP 6.2(f) have been met.

Definitions for 6.2(f)

ASIO is the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

The Director-General of ASIO is the person who has been appointed as the Director-General of Security under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

What does 6.2(f) require?

Under QPP 6.2(f), ASIO must ask the agency to disclose the personal information.

The request must be made in writing by an officer or employee of ASIO who has written authorisation from the Director-General of ASIO to make the request. The authorised officer or employee must also certify in writing that the personal information they are asking for is required in connection with the performance by ASIO of its functions.

The personal information must only be disclosed to an officer or employee of ASIO who has written authorisation from the Director-General of ASIO to receive it.