As an individual who, like many other strata lot owners, has been improperly denied access to strata records, this issue holds deep personal relevance.

The Strata Community Association (SCA) asserts that it is "the peak body for Industry Managers, Lot Owners, Tenants and Stakeholders living in or affected by Strata Title, Body Corporate, Community Title and Owners Corporations.

SCA proudly fulfils the dual roles of a professional institute and consumer advocate. SCA has in excess of 3,300 members who help oversee, advise or manage a combined property portfolio with an estimated replacement value of over $1.2 trillion". 

As such it has a duty to ensure that its members are not relying on the existence of the Privacy Act to withhold any strata records (ie those owned by strata schemes in the custody and control of strata managing agents) from persons who have a statutory entitlement to inspect them even if they contain "sensitive information".

The following is an extract from "The Australian Privacy Principles From Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012"

Australian Privacy Principle 6 — use or disclosure of personal information 

6.1 If an APP entity holds personal information about an individual that was collected for a particular purpose (the primary purpose), the entity must not use or disclose the information for another purpose (the secondary purpose) unless: (a) the individual has consented to the use or disclosure of the information; or 

(b) subclause 6.2 or 6.3 applies in relation to the use or disclosure of the information Note: Australian Privacy Principle 8 sets out requirements for the disclosure of personal information to a person who is not in Australia or an external Territory. 

6.2 This subclause applies in relation to the use or disclosure of personal information about an individual if: 

(a) the individual would reasonably expect the APP entity to use or disclose the information for the secondary purpose and the secondary purpose is: 

(i) if the information is sensitive information — directly related to the primary purpose; or 

(ii) if the information is not sensitive information — related to the primary purpose; or (b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order;

(c) a permitted general situation exists in relation to the use or disclosure of the information by the APP entity; or 

(d) the APP entity is an organisation and a permitted health situation exists in relation to the use or disclosure of the information by the entity; or 

(e) the APP entity reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body

Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B. 

6.3 This subclause applies in relation to the disclosure of personal information about an individual by an APP entity that is an agency if: 

(a) the agency is not an enforcement body; and 

(b) the information is biometric information or biometric templates; and 

(c) the recipient of the information is an enforcement body; and 

(d) the disclosure is conducted in accordance with the guidelines made by the Commissioner for the purposes of this paragraph.

6.4 If: (a) the APP entity is an organisation; and (b) subsection 16B(2) applied in relation to the collection of the personal information by the entity the entity must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before the entity discloses it in accordance with subclause 6.1 or 6.2. 

Written note of use or disclosure

6.5 If an APP entity uses or discloses personal information in accordance with paragraph 6.2(e), the entity must make a written note of the use or disclosure. 

Related bodies corporate 

6.6 If: (a) an APP entity is a body corporate; and 

(b) the entity collects personal information from a related body corporate this principle applies as if the entity’s primary purpose for the collection of the information were the primary purpose for which the related body corporate collected the information. 

Exceptions 

6.7 This principle does not apply to the use or disclosure by an organisation of: 

(a) personal information for the purpose of direct marketing; or 

(b) government related identifiers  

See:

https://muellers.com.au/2017/wp-content/uploads/2020/09/Strata-Records-not-Protected-by-Privacy-By-laws.pdf