Privacy Act 1988

PART IIIC - NOTIFICATION OF ELIGIBLE DATA BREACHES  

Division 3 - Notification of eligible data breaches  

Subdivision B - General notification obligations  

SECTION 26WP   EXCEPTION - INCONSISTENCY WITH SECRECY PROVISIONS  


Secrecy provisions

26WP(1)    
For the purposes of this section, secrecy provision means a provision that:


(a) is a provision of a law of the Commonwealth (other than this Act); and


(b) prohibits or regulates the use or disclosure of information.

26WP(2)    
If compliance by an entity with subparagraph 26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), subsection 26WK(2) does not apply to the entity, in relation to the statement, to the extent of the inconsistency.

26WP(3)    
If compliance by an entity with section 26WL in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), section 26WL does not apply to the entity, in relation to the statement, to the extent of the inconsistency.

Prescribed secrecy provisions

26WP(4)    
For the purposes of this section, prescribed secrecy provision means a secrecy provision that is specified in the regulations.

26WP(5)    
For the purposes of a prescribed secrecy provision:


(a) subparagraph 26WK(2)(a)(ii) ; and


(b) section 26WL ;

are taken not to be provisions that require or authorise the use or disclosure of information.


26WP(6)    
If compliance by an entity with subparagraph 26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, subsection 26WK(2) does not apply to the entity in relation to the statement.

26WP(7)    
If compliance by an entity with section 26WL in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, section 26WL does not apply to the entity in relation to the statement.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.