Please note that the
Privacy Act (1988)(Cth) (the Act) does not deal directly with the issue of film recording. Information on privacy regulations regarding video surveillance and film recording in the states and territories can be found at:
http://www.privacy.gov.au/privacy_rights/laws/index.html.
The casino, if covered by the Act, needs to allow your sister access to her own personal information, unless it would have an unreasonable impact on the privacy of other individuals. I have provided further information about this below.
The Act contains 10 National Privacy Principles (NPPs) which regulate the way in which personal information is handled by many private sector organisations.
Images of individuals in film are treated as personal information where the person’s identity is clear or can reasonably be worked out from that image.
The NPPs apply to:
• all private sector organisations with an annual turnover of more than $3 million
• all private health service providers
• businesses which trade in personal information without consent, irrespective of turnover.
If the casino you mention fits one of these descriptions, the NPPs will apply to their handling of personal information.
NPP 6.1 states that if an organisation holds personal information about an individual, it must provide the individual with access to the information on request by the individual, unless one of the exceptions listed under NPP 6.1 applies. The exceptions include where providing access would have an unreasonable impact on the privacy of other individuals. The casino may be relying on this exception to deny your sister access to her personal information.
In addition, NPP 6.7 states that if the organisation refuses to give this information they must provide reasons for denial of access.
If you consider that an organisation covered by the Act has not handled your sister’s personal information in a manner that complies with the NPPs, she may make a complaint, or you may make a complaint on her behalf. To do this, you will need to complain in writing to the casino in the first instance, and allow it 30 days to respond to your complaint. If they do not respond, or if the response is unsatisfactory, the complaint may be forwarded to this Office.
I hope this information has been helpful. If you have any further queries please do not hesitate to contact the Privacy Enquiries Line on 1300 363 992.
