Principle 2—Use and Disclosure
2 Principle 2—Use and Disclosure
2.1 An organisation must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless—
both of the following apply—
the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
the individual has consented to the use or disclosure; or
if the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest, other than for publication in a form that identifies any particular individual—
it is impracticable for the organisation to seek the individual's consent before the use or disclosure; and
in the case of disclosure—the organisation reasonably believes that the recipient of the information will not disclose the information; or
the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent—
Sch. 1 cl. 2.1(d)(i) amended by No. 23/2017 s. 22(1).
a serious threat to an individual's life, health, safety or welfare; or
a serious threat to public health, public safety or public welfare; or
the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
the use or disclosure is required or authorised by or under law; or
the organisation reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of a law enforcement agency—
the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction;
the enforcement of laws relating to the confiscation of the proceeds of crime;
the protection of the public revenue;
the prevention, detection, investigation or remedying of seriously improper conduct;
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; or
the Australian Security Intelligence Organisation (ASIO) or the Australian Secret Intelligence Service (ASIS), in connection with its functions, has requested the organisation to disclose the personal information and—
the disclosure is made to an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) to receive the disclosure; and
an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) for the purposes of this paragraph has certified that the disclosure would be connected with the performance by ASIO or ASIS (as the case requires) of its functions.
2.2 If an organisation uses or discloses personal information under IPP 2.1(g), it must make a written note of the use or disclosure.
This Act’s bill:Explanatory memorandumSecond reading speech
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