---
title: "Privacy and FOI and AI: New South Wales"
url: "https://ailawframework.com/ai-rules/b9-privacy-nsw"
type: "ai_rule"
site: "AI Law Framework"
issuer: "NSW Information and Privacy Commission"
status: "Government guidance"
jurisdiction: "New South Wales"
source: "https://www.ipc.nsw.gov.au/resources/guide-privacy-risks-associated-use-generative-ai-tools"
---

# Privacy and FOI and AI: New South Wales

> NSW Information and Privacy Commission, New South Wales.

Canonical page: https://ailawframework.com/ai-rules/b9-privacy-nsw

Site index for agents: https://ailawframework.com/llms.txt

## About this rule

- Issuer: NSW Information and Privacy Commission
- Type: Government guidance
- Date basis: regime summary checked 10 Oct 2026
- Jurisdiction: [New South Wales](https://ailawframework.com/jurisdictions/new-south-wales.md)

## Summary

Privacy and Personal Information Protection Act 1998 (PPIP Act); Health Records and Information Privacy Act 2002; Mandatory Notification of Data Breach scheme (from 28 Nov 2023). FOI: Government Information (Public Access) Act 2009 (GIPA Act). Covers NSW public-sector agencies (private firms fall under the Cth Act). The IPC has published a guide to the privacy risks of generative AI tools and a guide to privacy impact assessments for AI systems. Prompts and outputs held by agencies may be "government information" under GIPA. Checked 2026-10-10.

## Points recorded from the source

- Privacy and Personal Information Protection Act 1998 (PPIP Act); Health Records and Information Privacy Act 2002; Mandatory Notification of Data Breach scheme (from 28 Nov 2023)
- FOI: Government Information (Public Access) Act 2009 (GIPA Act)
- IPC: Privacy risks of generative AI tools — https://www.ipc.nsw.gov.au/resources/guide-privacy-risks-associated-use-generative-ai-tools
- IPC: PIAs on AI systems — https://www.ipc.nsw.gov.au/resources/guide-guide-undertaking-privacy-impact-assessments-ai-systems-and-project

## Verify note

Statute names from official sources; how they apply to AI is a summary to verify.

## Source

[Read the NSW Information and Privacy Commission source](https://www.ipc.nsw.gov.au/resources/guide-privacy-risks-associated-use-generative-ai-tools)

All rules: [AI rules tracker](https://ailawframework.com/ai-rules.md).

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*