Privacy Act 1988

PART IV - FUNCTIONS OF THE INFORMATION COMMISSIONER  

Division 3 - Reports and information sharing by Commissioner  

SECTION 33B   COMMISSIONER MAY DISCLOSE CERTAIN INFORMATION IF IN THE PUBLIC INTEREST ETC.  

Information may generally be disclosed if in the public interest

33B(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

33B(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.

33B(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.