Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (83 of 2022)

Schedule 1   Amendments

Privacy Act 1988

20   At the end of Division 3 of Part IV

Add:

33A Commissioner may share information with other authorities

(1) Subject to subsections (3) and (4), the Commissioner may share information or documents with a body covered by subsection (2) (a receiving body ):

(a) for the purpose of the Commissioner exercising powers, or performing functions or duties, under this Act; or

(b) for the purpose of the receiving body exercising its powers, or performing its functions or duties.

(2) The following bodies are covered by this subsection:

(a) an enforcement body;

(b) an alternative complaint body;

(c) a State or Territory authority, or an authority of the government of a foreign country, that has functions to protect the privacy of individuals (whether or not the authority has other functions).

(3) The Commissioner may only share information or documents with a receiving body under this section if:

(a) the information or documents were acquired by the Commissioner in the course of exercising powers, or performing functions or duties, under this Act; and

(b) the Commissioner is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents.

(4) If the Commissioner acquired the information or documents from an agency, the Commissioner may only share the information or documents with a receiving body under this section if the receiving body is an agency.

(5) If information is shared with a receiving body under this section, the receiving body may use the information only for the purposes for which it was shared.

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

33B Commissioner may disclose certain information if in the public interest etc.

Information may generally be disclosed if in the public interest

(1) The Commissioner may disclose information acquired by the Commissioner in the course of exercising powers or performing functions or duties under this Act if the Commissioner is satisfied that it is in the public interest to do so.

Public interest considerations

(2) In determining under subsection (1) whether the Commissioner is satisfied that a disclosure is in the public interest, the Commissioner:

(a) must have regard to the following:

(i) the rights and interests of any complainant or respondent;

(ii) whether the disclosure will, or is likely to, prejudice any investigation the Commissioner is undertaking;

(iii) whether the disclosure will, or is likely to, disclose the personal information of any person;

(iv) whether the disclosure will, or is likely to, disclose any confidential commercial information;

(v) whether the Commissioner reasonably believes that the disclosure would be likely to prejudice one or more enforcement related activities conducted by or on behalf of an enforcement body; and

(b) may have regard to any other matter the Commissioner considers relevant.

(3) This section does not limit any other powers the Commissioner has to disclose information under this Act or any other law of the Commonwealth.