Section 95 — Privacy Act 1988 (Cth)

(1) The CEO of the National Health and Medical Research Council may, with the approval of the Commissioner, issue guidelines for the protection of privacy by agencies in the conduct of medical research.

(2) The Commissioner shall not approve the issue of guidelines unless he or she is satisfied that the public interest in the promotion of research of the kind to which the guidelines relate outweighs to a substantial degree the public interest in maintaining adherence to the Australian Privacy Principles.

(3) Guidelines shall be issued by being published in the Gazette.

(4) Where:

(a) but for this subsection, an act done by an agency would breach an Australian Privacy Principle; and

(b) the act is done in the course of medical research and in accordance with guidelines under subsection (1);

the act shall be regarded as not breaching that Australian Privacy Principle.

Related sections

• s 92 — Extension of certain obligations of confidence
• s 93 — Relief for breach etc. of certain obligations of confidence
• s 94 — Jurisdiction of courts
• s 95A — Guidelines for Australian Privacy Principles about health information
• s 95AA — Guidelines for Australian Privacy Principles about genetic information
• s 95B — Requirements for Commonwealth contracts

Research how courts apply s 95

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