TPP 6—use or disclosure of personal information
6 TPP 6—use or disclosure of personal information
Use or disclosure
6.1 If a public sector agency holds personal information about an individual that was collected for a particular purpose (the primary purpose), the agency must not use or disclose the information for another purpose (the secondary purpose) unless—
the individual has consented to the use or disclosure of the information; or
TPP 6.2 or TPP 6.3 applies in relation to the use or disclosure of the information.
Note TPP 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 subsection applies in relation to the use or disclosure of personal information about an individual if—
the individual would reasonably expect the public sector agency to use or disclose the information for the secondary purpose and the secondary purpose is—
if the information is sensitive information—directly related to the primary purpose; or
if the information is not sensitive information—related to the primary purpose; or
the use or disclosure of the information is required or authorised by or under an Australian law or a court or tribunal order; or
a permitted general situation exists in relation to the use or disclosure of the information by the public sector agency; or
Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.2 (d)).
the public sector agency reasonably believes that the use or disclosure of the information is reasonably necessary for 1 or more enforcement-related activities conducted by, or on behalf of, an enforcement body.
6.3 This subsection applies in relation to the disclosure of personal information about an individual by a public sector agency if—
the agency is not an enforcement body; and
the information is biometric information or biometric templates; and
the recipient of the information is an enforcement body; and
the disclosure is conducted in accordance with the guidelines made by the information privacy commissioner for this subsection.
Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.4).
Written note of use or disclosure
6.5 If a public sector agency uses or discloses personal information in accordance with TPP 6.2 (e), the agency must make a written note of the use or disclosure.
Related bodies corporate
6.6 If—
a public sector agency is a corporation; and
the agency collects personal information from a related body corporate;
this TPP applies as if the agency’s primary purpose for the collection of the information were the primary purpose for which the related body corporate collected the information.
Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.7).
This Act’s bill:Explanatory statementSecond reading speech
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