TPP 5—notification of the collection of personal information

In force

5.1 At or before the time or, if that is not practicable, as soon as practicable after, a public sector agency collects personal information about an individual, the agency must take reasonable steps—

(a)

to notify the individual of the matters mentioned in TPP 5.2 that are reasonable in the circumstances; or

(b)

to otherwise ensure that the individual is aware of those matters.

5.2 The matters for TPP 5.1 are as follows:

(a)

the identity and contact details of the public sector agency;

(b)

if—

(i)

the public sector agency collects the personal information from someone other than the individual; or

(ii)

the individual may not be aware that the public sector agency has collected the personal information;

the fact that the agency collects, or has collected, the information and the circumstances of that collection;

(c)

if the collection of the personal information is required or authorised by or under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised (including the name of the Australian law, or details of the court or tribunal order, that requires or authorises the collection);

(d)

the purposes for which the public sector agency collects the personal information;

(e)

the main consequences (if any) for the individual if all or some of the personal information is not collected by the public sector agency;

(f)

any other public sector agency or entity, or the kinds of any other public sector agencies or entities, to which the public sector agency usually discloses personal information of the kind collected by the agency;

(g)

that the TPP privacy policy of the public sector agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information;

(h)

that the TPP privacy policy of the public sector agency contains information about how the individual may complain about a breach of the TPPs, or any TPP code that binds the agency, and how the agency will deal with the complaint;

(i)

whether the public sector agency is likely to disclose the personal information to overseas recipients;

(j)

if the public sector agency is likely to disclose the personal information to overseas recipients—the countries in which the recipients are likely to be located if it is practicable to state those countries in the notification or to otherwise make the individual aware of them.

Part 1.3 Dealing with personal information

This Act’s bill:Explanatory statement Second reading speech

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5 TPP 5—notification of the collection of personal information