PRIVACY ACT 1988

PART IV - FUNCTIONS OF THE INFORMATION COMMISSIONER  

Division 2 - Functions of Commissioner  

SECTION 28A   MONITORING RELATED FUNCTIONS OF THE COMMISSIONER  

Credit reporting and tax file number information

28A(1)  


The following are the monitoring related functions of the Commissioner:


(a) monitoring the security and accuracy of information held by an entity that is information to which Part IIIA applies;


(b) examining the records of entities to ensure that the entities:


(i) are not using information to which Part IIIA applies for unauthorised purposes; and

(ii) are taking adequate measures to prevent the unlawful disclosure of such information;


(c) examining the records of the Commissioner of Taxation to ensure that the Commissioner:


(i) is not using tax file number information for purposes beyond his or her powers; and

(ii) is taking adequate measures to prevent the unlawful disclosure of the tax file number information that he or she holds;


(d) evaluating compliance with the rules issued under section 17 ;


(e) monitoring the security and accuracy of tax file number information kept by file number recipients.

Other matters

28A(2)  
The following are also the monitoring related functions of the Commissioner:


(a) examining a proposed enactment that would require or authorise acts or practices of an entity that might otherwise be interferences with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;


(b) examining a proposal for data matching or linkage that may involve an interference with the privacy of individuals, or which may otherwise have any adverse effects on the privacy of individuals;


(c) ensuring that any adverse effects of the proposed enactment or the proposal on the privacy of individuals are minimised;


(d) undertaking research into, and monitoring developments in, data processing and technology (including data matching and linkage) to ensure that any adverse effects of such developments on the privacy of individuals are minimised;


(e) reporting to the Minister the results of that research and monitoring;


(f) monitoring and reporting on the adequacy of equipment and user safeguards.

28A(3)  
The functions referred to in paragraphs (2)(a) and (b) may be performed by the Commissioner:


(a) on request by a Minister; or


(b) on the Commissioner ' s own initiative.

28A(4)  
If the reporting referred to in paragraph (2)(e) or (f) is done in writing, the instrument is not a legislative instrument.




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