Media release: Privacy Commissioner Approves Privacy Waiver—13 January 2012

The Acting Privacy Commissioner, Lemm Ex, has made a seminal approval under section 157(4) of the Information Privacy Act 2009 (Qld) (IP Act) waiving the Department of Communities’ (DOC) obligations to comply with the privacy principles. The approval complements an approval that was given to the Department of Environment and Resource Management (DERM) in August 2011.

The purpose of the DERM’s application was to give it flexibility of its use of the personal information in the Lease Applications and in the seeking of information required from DOC and relevant Indigenous Councils. The purpose of the DOC application made on 9 December 2011 is to enable it to provide the requested information to DERM. The approval was given after careful consideration of the competing public interests.

Acting Privacy Commissioner, Lemm Ex, said, “There is a strong public interest in DERM finalising the grants of leases. Giving DOC a capacity to use and provide personal information to DERM to enable that interest outweighed the public interest in complying with the privacy principles in the IP Act.”

The OIC’s approval has been published in the Queensland Government Gazette today, Friday 13 January 2011.

The Gazette Notice is required to be tabled in the Legislative Assembly within 14 sitting days. The Legislative Assembly may disallow the approval.

The Gazette Notice and reasons for the approval are available on the OIC website.

Media contact: Mr Steve Haigh, Manager, Training and Stakeholder Relations
Phone: 07 3405 1111