Privacy and Other Legislation Amendment Act 2024 (128 of 2024)

Schedule 1   Privacy reforms

Part 6   Overseas data flows

Privacy Act 1988

36   After subsection 100(1)

Insert:

(1A) Before the Governor-General makes regulations for the purposes of Australian Privacy Principle 8.3 prescribing a country or binding scheme, the Minister must be satisfied that:

(a) the laws of the country, or the binding scheme, has the effect of protecting personal information about an individual in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

(b) there are mechanisms that the individual can access to take action to enforce that protection.

(1B) The regulations may prescribe a country or binding scheme for the purposes of Australian Privacy Principle 8.3 subject to:

(a) conditions in relation to a specified entity or class of entities; and

(b) conditions in relation to a specified kind or kinds of personal information.