Do the new private sector provisions (National Privacy Principles) apply to local...

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Question: Do the new private sector provisions (National Privacy Principles) apply to local councils or State or Territory governments?

Answer: No. The private sector provisions do not apply to local councils or State or Territory governments. 

The National Privacy Principles (NPPs) only apply to 'organisations'. Section 6C of the Privacy Act states that entities which are State or Territory authorities or prescribed instrumentalities of a State or Territory (which include local councils) are not organisations. As these entities are not organisations they are exempt from the coverage of the NPPs.

Some States have privacy laws that cover State and local government bodies. For more information please visit the Business Section of this website for a summary of Australia's privacy laws.