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Victorian Privacy Laws and Who They Concern

Victoria's privacy laws regulate how Victorian government bodies use and distribute personal information in Victoria. The Information Privacy Act 2000 and the Health Records Act 2001, together with some other general laws, outline the collection, use, disclosure, transfer, access, correction and disposal of personal and health information.

The Department of Justice and any contractors working for the department are bound by these laws when handling any personal and health information. These Victorian privacy laws complement the federal government's Privacy Act 1988, which regulates how federal government bodies and most private sector organisations use personal information.

What information is covered by Victoria's privacy laws

The Information Privacy Act regulates how the Victorian public sector, statutory bodies and local councils use 'personal and sensitive information' in the state. Under the legislation, personal information is any recorded information about an easily identified living person, and includes work related information or images. Sensitive information can include information about a living person's race, ethnicity, sexual preferences, criminal record, political opinions.

Information about anyone's physical, mental or psychological health, whether or not they are living or deceased, is covered by the Health Records Act. The legislation regulates the way health information is handled in the public and private sector.

Organisations affected by privacy laws

Some organisations that are bound by privacy laws include:

• government departments and administrative offices
• statutory authorities
• municipal councils
• government appointed boards and committees
• government owned companies
• universities and TAFE colleges
• public hospitals
• state-funded residential care
• health services contractors
• private correctional service providers.

People and organisations who may not be covered by privacy laws

Certain organisations or individuals may not be covered by Victoria's privacy laws. Some of these include:

• under the Information Privacy Act someone who's deceased loses their right to privacy, although that person's health information is protected under the Health Records Act
• Members of Parliament
• media organisations
• courts and tribunals when performing their functions
• a registry or other office associated with a court or tribunal
• publicly available personal information, which includes annual reports, anything kept in a library, gallery or museum, a public record under the Public Records Act 1973, or archives in the Copyright Act 1968
• law enforcement agencies are exempt from certain areas of the Information Privacy Act and Health Records Act when performing their law enforcement duties
• health information that has any connection with an individual's personal, family or household affairs.