Author: Government recordkeeping

New privacy laws do not apply to authorised public records in a Place of Deposit

The Data and Privacy Protection Act 2014 commenced late last year.

Public Record Office Victoria would like to reassure agencies that public records that have been approved for transfer to a Place of Deposit (POD) should not be restricted from public access due to these privacy laws.  

As many agencies are aware, the Information Privacy Principles set requirements for the way private information is collected and stored by government. However, section 12 of the Act stipulates that the Information Privacy Principles do not apply to public records open for public inspection which are under the control of the Keeper of Public Records.

All records authorised for transfer to PODs remain under the control of the Keeper and it is a condition for appointment as a POD that those records be made available to the public.

"So its business as usual in terms of transfer of records from government agencies to Places of Deposit," said Lauren Bourke, Coordinator Community Archives, Public Record Office Victoria.

Transfers of records from an agency to a POD must be authorised by Public Record Office Victoria.  Agencies wishing to transfer records to a POD should contact the Community Archives team at community.programs@prov.vic.gov.au.

Any questions on the impact of the Data and Privacy Protection Act 2014 upon PODs can be directed to Carly Godden via email: carly.godden@prov.vic.gov.au.