TPP 4—dealing with unsolicited personal information
4 TPP 4—dealing with unsolicited personal information
4.1 If—
a public sector agency receives personal information; and
the agency did not solicit the information;
the agency must, within a reasonable period after receiving the information, decide whether or not the agency could have collected the information under TPP 3 if the agency had solicited the information.
4.2 The public sector agency may use or disclose the personal information for the purposes of making the decision under TPP 4.1.
4.3 If—
the public sector agency decides that the agency could not have collected the personal information; and
the information is not contained in a territory record;
the agency must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.
4.4 If TPP 4.3 does not apply in relation to the personal information, TPPs 5 to 13 apply in relation to the information as if the agency had collected the information under TPP 3.
This Act’s bill:Explanatory statementSecond reading speech
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