Authorised dealings with protected information
22 Authorised dealings with protected information
Uploading personal information etc. to the AI register
A person may collect, make a record of, disclose or otherwise use:
personal information; or
relevant identifying information; or
information that is commercial‑in‑confidence;
if the person does so for the purposes of including the information in the AI register.
This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.
Using or disclosing protected information in the AI register
A person may make a record of, disclose or otherwise use protected information if:
the person does so for the purposes of the AI register, and the person is:
an officer or employee of the Commonwealth or of an authority of the Commonwealth; or
engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or
an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or
a prescribed body; or
a recognised vaccination provider; or
the person is authorised to do so under subsection (3); or
the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or
the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or
the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or
the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or
the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.
This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.
Protected information is not limited to information in the register (see section 4). It can also cover information that:
is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or
is derived from information that was in the register.
The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.
Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).
This Act’s bill:Explanatory memorandumSecond reading speech
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