An Act to amend the Privacy and Personal Information Protection Act 1998 and certain other Acts and an instrument to consolidate and rationalise certain exemptions from the operation of that Act.
1 Name of Act
This Act is the Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Act 2015.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Privacy and Personal Information Protection Act 1998 No 133
[1] (Repealed)
[2] Section 19 Special restrictions on disclosure of personal information
Omit section 19 (2)–(5). Insert instead:(2) A public sector agency that holds personal information about an individual must not disclose the information to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless:(a) the public sector agency reasonably believes that the recipient of the information is subject to a law, binding scheme or contract that effectively upholds principles for fair handling of the information that are substantially similar to the information protection principles, or(b) the individual expressly consents to the disclosure, or(c) the disclosure is necessary for the performance of a contract between the individual and the public sector agency, or for the implementation of pre-contractual measures taken in response to the individual’s request, or(d) the disclosure is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the public sector agency and a third party, or(e) all of the following apply:(i) the disclosure is for the benefit of the individual,(ii) it is impracticable to obtain the consent of the individual to that disclosure,(iii) if it were practicable to obtain such consent, the individual would be likely to give it, or(f) the disclosure is reasonably believed by the public sector agency to be necessary to lessen or prevent a serious and imminent threat to the life, health or safety of the individual or another person, or(g) the public sector agency has taken reasonable steps to ensure that the information that it has disclosed will not be held, used or disclosed by the recipient of the information inconsistently with the information protection principles, or(h) the disclosure is permitted or required by an Act (including an Act of the Commonwealth) or any other law.
[3]–[9] (Repealed)
sch 1: Am 1987 No 15, sec 30C.
Schedule 2 (Repealed)
sch 2: Rep 1987 No 15, sec 30C.