Section 3 — Privacy Act 1988: Australian Privacy Principle 3—collection of solicited personal information

Personal information other than sensitive information 3.1 If an APP entity is an agency, the entity must not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities. 3.2 If an APP entity is an organisation, the entity must not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of the entity’s functions or activities. Sensitive information 3.3 An APP entity must not collect sensitive information about an individual unless: (a) the individual consents to the collection of the information and: (i) if the entity is an agency—the information is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities; or (ii) if the entity is an organisation—the information is reasonably necessary for one or more of the entity’s functions or activities; or (b) subclause 3.4 applies in relation to the information. 3.4 This subclause applies in relation to sensitive information about an individual if: (a) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or (b) a permitted general situation exists in relation to the collection of the information by the APP entity; or (c) the APP entity is an organisation and a permitted health situation exists in relation to the collection of the information by the entity; or (d) the APP entity is an enforcement body and the entity reasonably believes that: (i) if the entity is the Immigration Department—the collection of the information is reasonably necessary for, or directly related to, one or more enforcement related activities conducted by, or on behalf of, the entity; or (ii) otherwise—the collection of the information is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities; or (e) the APP entity is a non-profit organisation and both of the following apply: (i) the information relates to the activities of the organisation; (ii) the information relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities. Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B. Means of collection 3.5 An APP entity must collect personal information only by lawful and fair means. 3.6 An APP entity must collect personal information about an individual only from the individual unless: (a) if the entity is an agency: (i) the individual consents to the collection of the information from someone other than the individual; or (ii) the entity is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than the individual; or (b) it is unreasonable or impracticable to do so. Solicited personal information 3.7 This principle applies to the collection of personal information that is solicited by an APP entity.