Confidentiality
104 Confidentiality
A person must not, intentionally or recklessly, disclose, allow access to, record or use personal information.
Maximum penalty—200 penalty units.
However, a person may disclose, allow access to, record or use personal information—
in the discharge of a function related to the administration of this part; or
if authorised, expressly or impliedly—
under another provision of this Act, or under another Act; or
by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or
for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or
if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or
if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.
In this section—
administration of this part includes the operation of a toll road under this part.
personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that—
has been gained or otherwise brought into existence—
through involvement in the administration of this part; or
because of an opportunity provided by involvement in the administration of this part; and
is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
This Act’s bill:Explanatory memorandum
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