PRIVACY ACT 1988

PART III - INFORMATION PRIVACY  

Division 2 - Australian Privacy Principles  

SECTION 16A   PERMITTED GENERAL SITUATIONS IN RELATION TO THE COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION  

16(1)  
A permitted general situation exists in relation to the collection, use or disclosure by an APP entity of personal information about an individual, or of a government related identifier of an individual, if:


(a) the entity is an entity of a kind specified in an item in column 1 of the table; and


(b) the item in column 2 of the table applies to the information or identifier; and


(c) such conditions as are specified in the item in column 3 of the table are satisfied.


Permitted general situations
Item Column 1
Kind of entity
Column 2
Item applies to
Column 3
Condition(s)
1 APP entity (a) personal information; or
(b) a government related identifier.
(a) it is unreasonable or impracticable to obtain the individual ' s consent to the collection, use or disclosure; and
(b) the entity reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.
2 APP entity (a) personal information; or
(b) a government related identifier.
(a) the entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity ' s functions or activities has been, is being or may be engaged in; and
(b) the entity reasonably believes that the collection, use or disclosure is necessary in order for the entity to take appropriate action in relation to the matter.
3 APP entity Personal information (a) the entity reasonably believes that the collection, use or disclosure is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing; and
(b) the collection, use or disclosure complies with the rules made under subsection (2).
4 APP entity Personal information The collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
5 APP entity Personal information The collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process.
6 Agency Personal information The entity reasonably believes that the collection, use or disclosure is necessary for the entity ' s diplomatic or consular functions or activities.
7 Defence Force Personal information The entity reasonably believes that the collection, use or disclosure is necessary for any of the following occurring outside Australia and the external Territories:
(a) war or warlike operations;
(b) peacekeeping or peace enforcement;
(c) civil aid, humanitarian assistance, medical or civil emergency or disaster relief.

16A(2)  
The Commissioner may, by legislative instrument, make rules relating to the collection, use or disclosure of personal information that apply for the purposes of item 3 of the table in subsection (1).




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