Office of the Privacy Commissioner | Privacy Commissioner establishes pathway for agencies to request ‘Advisory Opinions’
John Edwards, Privacy Commissioner, today released a new ‘Advisory Opinions’ Policy under which Government Ministers and public and sector agencies may seek an advisory opinion from the Commissioner concerning the application of the Privacy Act 1993.
The process is intended to promote understanding of the information privacy principles and give greater certainty to Ministers and agencies in relation to the Act’s operation in particular circumstances. This document describes the Commissioner’s policy by which requests for advisory opinions may be accepted and processed.
“The advisory opinion process is intended for matters of wider importance where there is dispute over the correct approach to interpreting the Privacy Act. For general practical matters, my Office maintains a website with a wide range of guidance materials and operates a free enquiries line,” the Commissioner said.
Notes for editors:
- The advisory opinion process is a discretionary function. The Commissioner does not act as a private legal advisor to an agency but in the public interest and the policy makes clear that the opinions will be made public.
- The policy is current in a pilot phase and will be reviewed after 6 months. The Commissioner welcomes comments on the policy from members of the public during this period.