PRIVACY ACT 1988
Part IV (heading) substituted by No 51 of 2010, Sch 5 item 53, effective 1 November 2010.
Div 3A inserted by No 197 of 2012, s 3 and Sch 4 item 64, effective 12 March 2014.
(a) an agency proposes to engage in an activity or function involving the handling of personal information about individuals; and
(b) the Commissioner considers that the activity or function might have a significant impact on the privacy of individuals;
the Commissioner may, in writing, direct the agency to give the Commissioner, within a specified period, a privacy impact assessment about the activity or function.33D(2)
A direction under subsection (1) is not a legislative instrument. Privacy impact assessment 33D(3)
A privacy impact assessment is a written assessment of an activity or function that:
(a) identifies the impact that the activity or function might have on the privacy of individuals; and
(b) sets out recommendations for managing, minimising or eliminating that impact. 33D(4)
Subsection (3) does not limit the matters that the privacy impact assessment may deal with. 33D(5)
A privacy impact assessment is not a legislative instrument. Failure to comply with a direction 33D(6)
If an agency does not comply with a direction under subsection (1), the Commissioner must advise both of the following of the failure:
(a) the Minister;
(b) if another Minister is responsible for the agency - that other Minister. Review 33D(7)
Before the fifth anniversary of the commencement of this section, the Minister must cause a review to be undertaken of whether this section should apply in relation to organisations.
S 33D inserted by No 197 of 2012, s 3 and Sch 4 item 64, effective 12 March 2014.
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