PRIVACY ACT 1988

PART IIIC - NOTIFICATION OF ELIGIBLE DATA BREACHES  

Division 1 - Introduction  

SECTION 26WC   DEEMED HOLDING OF INFORMATION  

Overseas recipients

26WC(1)  
If:


(a) an APP entity has disclosed personal information about one or more individuals to an overseas recipient; and


(b) Australian Privacy Principle 8.1 applied to the disclosure of the personal information; and


(c) the overseas recipient holds the personal information;

this Part has effect as if:


(d) the personal information were held by the APP entity; and


(e) the APP entity were required under section 15 not to do an act, or engage in a practice, that breaches Australian Privacy Principle 11.1 in relation to the personal information. Bodies or persons with no Australian link

26WC(2)  
If:


(a) either:


(i) a credit provider has disclosed, under paragraph 21G(3)(b) or (c), credit eligibility information about one or more individuals to a related body corporate, or person, that does not have an Australian link; or

(ii) a credit provider has disclosed, under subsection 21M(1) , credit eligibility information about one or more individuals to a body or person that does not have an Australian link; and


(b) the related body corporate, body or person holds the credit eligibility information;

this Part has effect as if:


(c) the credit eligibility information were held by the credit provider; and


(d) the credit provider were required to comply with subsection 21S(1) in relation to the credit eligibility information.

Note:

See section 21NA .




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