Data Availability and Transparency (Consequential Amendments) Act 2022 (12 of 2022)

Schedule 1   Amendments

Privacy Act 1988

5A   After section 36

Insert:

36B Complaints relating to the data sharing scheme

(1) If a complaint relates to the data sharing scheme within the meaning of the Data Availability and Transparency Act 2022, the Commissioner may share information and documents about the complaint with the National Data Commissioner (the NDC ), for the purposes of the NDC exercising powers, or performing functions or duties, under that Act.

(2) The Commissioner may share only information and documents under subsection (1) that were acquired by the Commissioner in the course of exercising powers, or performing functions or duties, under this Act.

(3) To avoid doubt, the Commissioner may share information or documents with the NDC under this section whether or not the Commissioner is transferring the complaint or part of the complaint to the NDC.

Note: The Commissioner may transfer the complaint to the NDC under section 50, if the Commissioner is of the opinion that the complaint could have been made to the NDC.