Part VI of the Privacy Act 1988 gives the Information Commissioner the power to make a determination, by legislative instrument, that an act or practice of an Australian or Norfolk Island Government agency, or a private sector organisation, which may constitute a breach of an Australian Privacy Principle or a registered APP code that binds the entity, shall be regarded as not breaching that principle or registered code for the purposes of the Privacy Act. In doing so, the Information Commissioner must be satisfied that the public interest in doing the act or practice, substantially outweighs the public interest in adhering to the APP or registered APP code. A determination made under Part VI is referred to as a public interest determination (PID). The Information Commissioner also has the power to make a Temporary Public Interest Determination (TPID), in limited circumstances, where an application for a PID raises issues that require an urgent decision.
An agency or private sector organisation that is considering, or making, an application for a PID or a TPID, see our Privacy public interest determination guide We also strongly encourage them to discuss the matter with us before submitting an application.
Below are our consultations on public interest determinations. As well as any submissions we receive as part of the consultative process, except when we receive one in confidence.
For older consultations, see Trove.