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Privacy Policy

If you wish to view White Ribbon’s Privacy Policy as a PDF, please click here. 

1. Introduction

The following recommendation updates the Privacy Policies of White Ribbon Australia in accordance with the proposed Australian Privacy Principles (APP) which are due to come into effect on 12 March 2014.

White Ribbon Australia’s Privacy Policy is based on 13 Australian Privacy Principals as adopted in the Privacy Amendment (Enhancing Privacy Protection) Act 2012. In accordance with these principles White Ribbon Australia will manage its privacy policies based on open and transparent management of personal information.

White Ribbon Australia will manage (implement practices, procedures and systems) personal information in an open and transparent way to ensure:

  • compliance with the Australian Privacy Principles and a registered APP code (if any) that binds White Ribbon Australia; and
  • to readily address inquiries or complaints from individuals about White Ribbon’s compliance with the Australian Privacy Principles or such a code.

This Privacy Policy includes the following:

  1. the kinds of personal information that White Ribbon Australia collects and holds, especially employee information and personal information relating to the selection of Ambassadors.
  2. how White Ribbon Australia collects and holds personal information;
  3. the purposes for which White Ribbon collects, holds, uses and discloses personal information;
  4. how an individual may access personal information about the individual that is held by White Ribbon Australia and seek the correction of such information;
  5. how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds White Ribbon, and how White Ribbon will deal with such complaint;
  6. whether White Ribbon is likely to disclose personal information to overseas recipients;
  7. if White Ribbon is likely to disclose personal information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.

White Ribbon Australia will take such steps as are reasonable in the circumstances to make its APP privacy policy available:

  • free of charge and
  • in such form as is appropriate.

White Ribbon Australia’s APP privacy policy is also available on the White Ribbon Australia’s website. If a person or body requests a copy of the White Ribbon Australia’s privacy policy in a particular form, White Ribbon Australia will take such steps as are reasonable in the circumstances to give the person or body a copy in that form.

2. Anonymity and pseudonymity

Individuals have the option of not identifying themselves, or of using a pseudonym, when dealing with White Ribbon Australia in relation to a particular matter.

The above subclause does not apply if, in relation to that matter White Ribbon Australia is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or it is impracticable for White Ribbon Australia to deal with individuals who have not identified themselves or who have used a pseudonym.

3. Collection of solicited personal information

White Ribbon will only collect personal information (other than sensitive information) that is reasonably necessary and/or directly related to White Ribbon’s functions or activities.

White Ribbon Australia will not collect sensitive information about an individual unless:

  • the individual consents to the collection of the information
  • the information is reasonably necessary for, or directly related to, one or more of White Ribbon Australia’s functions or activities.

Situations where the collection of sensitive information about an individual may be permitted include:

  • the collection of the information is required or authorised by or under an Australian law or a court/tribunal order
  • a permitted general situation exists in relation to the collection of the information by the White Ribbon Australia
  • a permitted health situation exists in relation to the collection of the information by White Ribbon Australia
  • the collection of the information is reasonably necessary for, or directly related to, one or more of White Ribbon’s functions or activities
  • White Ribbon is a non-profit organisation and both of the following apply:
    • the information relates to the activities of White Ribbon Australia;
    • the information relates solely to the members of White Ribbon Australia, or to individuals who have regular contact with White Ribbon Australia in connection with its activities.

Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B.

White Ribbon Australia will only collect personal information only by lawful and fair means.

White Ribbon Australia will collect personal information about an individual only from the individual unless:

  • the individual consents to the collection of the information from someone other than the individual
  • White Ribbon Australia is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than the individual
  • it is unreasonable or impracticable to do so.

4. Dealing with unsolicited personal information

Where White Ribbon Australia receives unsolicited personal information, it will within a reasonable period after receiving the information, determine whether or not White Ribbon Australia could have collected the information under Australian Privacy Principle 3 if White Ribbon had solicited the information.

White Ribbon may use or disclose the personal information for the purposes of making the aforementioned determination if:

  • White Ribbon Australia determines that it could not have collected the personal information; and
  • the information is not contained in a Commonwealth record.

White Ribbon Australia must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

The above does not apply in relation to the personal information, Australian

Privacy Principles 5 to 13 apply in relation to the information as if White Ribbon Australia had collected the information under Australian Privacy Principle 3.

5. Notification of the collection of personal information

5.1 – At or before the time or, if that is not practicable, as soon as practicable after, White Ribbon Australia collects personal information about an individual it will take such steps (if any) as are reasonable in the circumstances, to notify the individual of such matters referred to in subclause 5.2 as are reasonable in the circumstances; or to otherwise ensure that the individual is aware of any such matters.

5.2 – The matters for the purposes of subclause 5.1 are as follows:

a) provide the individual with the relevant contact details within White Ribbon Australia

b) where White Ribbon collects the personal information from someone other than the individual; or the individual may not be aware that White Ribbon has collected the personal information; the fact that White Ribbon Australia so collects, or has collected, the information and the circumstances of that collection;

c) if the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order—the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);

d) the purposes for which White Ribbon Australia collects the personal information;

e) the main consequences (if any) for the individual if all or some of the personal information is not collected by White Ribbon;

f) any other APP entity, body or person, or the types of any other APP entities, bodies or persons, to which White Ribbon usually discloses personal information of the kind collected by White Ribbon;

g) that the APP privacy policy of White Ribbon contains information about how the individual may access the personal information about the individual that is held by White Ribbon and seek the correction of such information;

h) that the APP privacy policy of White Ribbon contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds White Ribbon Australia, and how White Ribbon Australia will deal with such a complaint;

i) whether White Ribbon Australia is likely to disclose the personal information to overseas recipients;

j) if White Ribbon Australia is likely to disclose the personal information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them.

6. Use or disclosure of personal information

Where White Ribbon Australia entity holds personal information about an individual that was collected for a particular purpose (the primary purpose) White Ribbon Australia will not use or disclose the information for another purpose (the secondary purpose) unless:

  • the individual has consented to the use or disclosure of the information; or
  • subclause 6.1 applies in relation to the use or disclosure of the information.

Note: Australian Privacy Principle 8 sets out requirements for the disclosure of personal information to a person who is not in Australia or an external Territory.

6.1 – This subclause applies in relation to the use or disclosure of personal information about an individual if:

a) the individual would reasonably expect White Ribbon Australia to use or disclose the information for the secondary purpose and the secondary purpose is:

I. if the information is sensitive information—directly related to the primary purpose; or

II. if the information is not sensitive information—related to the primary purpose; or

b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

c) a permitted general situation exists in relation to the use or disclosure of the information by White Ribbon Australia; or

d) a permitted health situation exists in relation to the use or disclosure of the information by White Ribbon Australia; or

e) White Ribbon Australia reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B. See Appendix for sections 16A and 16B.

6.2 – Where subsection 16B(2) applies in relation to the collection of the personal information by White Ribbon, White Ribbon Australia must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before White Ribbon Australia discloses it.

6.3 – If White Ribbon Australia uses or discloses personal information in accordance with paragraph 6.1(e), White Ribbon Australia must make a written note of the use or disclosure.

7. Direct marketing

7.1 – Where White Ribbon Australia holds personal information about an individual it will not use or disclose the information for the purpose of direct marketing subject to the following.

7.2 – Despite subclause 7.1, White Ribbon Australia may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:

a) White Ribbon Australia collected the information from the individual; and

b) the individual would reasonably expect White Ribbon Australia to use or disclose the information for that purpose; and

c) White Ribbon Australia provides a simple means by which the individual may easily request not to receive direct marketing communications from White Ribbon Australia; and

d) the individual has not made such a request to White Ribbon Australia.

7.3 – Despite subclause 7.1 White Ribbon Australia may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:

a)White Ribbon Australia collected the information from:

I. the individual and the individual would not reasonably expect White Ribbon to use or disclose the information for that purpose; or

II. someone other than the individual; and

b) either:

I. the individual has consented to use or disclosure of the information for that purpose; or

II. it is impracticable to obtain that consent; and

c) White Ribbon Australia provides a simple means by which the individual may easily request not to receive direct marketing communications from White Ribbon Australia; and

d) in each direct marketing communication with the individual:

I. White Ribbon Australia includes a prominent statement that the individual may make such a request; or

II. White Ribbon Australia otherwise draws the individual’s attention to the fact that the individual may make such a request; and

e) the individual has not made such a request to White Ribbon Australia.

7.4 – Despite subclause 7.1, White Ribbon Australia may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

7.5 – Despite subclause 7.1, White Ribbon Australia may use or disclose personal information for the purpose of direct marketing if:

a) White Ribbon Australia is a contracted service provider for a Commonwealth contract; and

b) White Ribbon Australia collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and

c) the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

7.6 – If White Ribbon Australia (the first organisation) uses or discloses personal information about an individual:

a) for the purpose of direct marketing by the first organisation; or

b) for the purpose of facilitating direct marketing by other organisations; the individual may:

c) if paragraph (a) applies—request not to receive direct marketing communications from the first organisation; and

d) if paragraph (b) applies—request White Ribbon Australia not to use or disclose the information for the purpose referred to in that paragraph; and

e) request the first organisation to provide its source of the information.

7.7 – If an individual makes a request under subclause 7.6, the first organisation must not charge the individual for the making of, or to give effect to, the request and:

a) if the request is of a kind referred to in paragraph 7.6(c) or (d)—the first organisation must give effect to the request within a reasonable period after the request is made; and

b) if the request is of a kind referred to in paragraph 7.6(e)—White Ribbon Australia must, within a reasonable period after the request is made, notify the individual of its source unless it is impracticable or unreasonable to do so.

7.8 – This principle does not apply to the extent that any of the following apply:

a) the Do Not Call Register Act 2006;

b) the Spam act 2003;

c) any other Act of the Commonwealth, or a Norfold Island enactment, prescribed by the regulations.

8. Cross-border disclosure of personal information

8.1 – Before White Ribbon discloses personal information about an individual to a person (the overseas recipient):

a) who is not in Australia or an external Territory; and

b) who is not White Ribbon Australia or the individual; White Ribbon must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.

Note: in certain circumstances, an act done, or a practice engaged in, by the overseas recipient is taken, under section 16c, to have been done, or engaged in, by White Ribbon Australia and to be a breach of the Australian Privacy Principles.

See Appendix for section 16C.

8.2 – Subclause 8.1 does not apply to the disclosure of personal information about an individual by White Ribbon Australia to the overseas recipient if:

a) White Ribbon Australia reasonably believes that:

I. the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

II. there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or

b) both of the following apply:

I. White Ribbon Australia expressly informs the individual that if he or she consents to the disclosure of the information, subclause 8.1 will not apply to the disclosure;

II. after being so informed, the individual consents to the disclosure; or

c) the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

d) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the disclosure of the information by White Ribbon Australia; or

e) White Ribbon Australia is an agency and the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party; or

f) White Ribbon Australia is an agency and both of the following apply:

g) White Ribbon Australia reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;

h) the recipient is a body that performs functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

Note: For permitted general situation, see section 16A. See Appendix for section 16A.

9. Adoption, use or disclosure of government related identifiers

9.1 – White Ribbon Australia will not adopt a government related identifier of an individual as its own identifier of the individual unless:

a) the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order; or

b) subclause 9.3 applies in relation to the adoption.

Note: An act or practice of an agency may be treated as an act or practice of White Ribbon Australia, see section 7A.

9.2 – White Ribbon will not use or disclose a government related identifier of an individual unless:

a) the use or disclosure of the identifier is reasonably necessary for White Ribbon to verify the identity of the individual for the purposes of White Ribbon’s activities or functions; or

b) the use or disclosure of the identifier is reasonably necessary for White Ribbon Australia to fulfil its obligations to an agency or a State or Territory authority; or

c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or

d) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the use or disclosure of the identifier; or

e) White Ribbon Australia reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

f) subclause 9.3 applies in relation to the use or disclosure.

Note 1: An act or practice of an agency may be treated as an act or practice of White Ribbon Australia, see section 7A.

Note 2: For permitted general situation, see section 16A.

See Appendix for section 16A.

9.3 – This subclause applies in relation to the adoption, use or disclosure by White Ribbon Australia of a government related identifier of an individual if:

a) the identifier is prescribed by the regulations; and

  1. White Ribbon Australia is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations; and
  2. the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.

Note: There are prerequisites that must be satisfied before the matters mentioned in this subclause are prescribed, see subsections 100(2) and (3).

10. Quality of personal information

10.1 – White Ribbon Australia must take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that White Ribbon Australia collects is accurate, up-to-date and complete.

10.2 – White Ribbon Australia must take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that White Ribbon Australia uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

11. Security of personal information

11.1 – If White Ribbon Australia holds personal information, it will take such steps as are reasonable in the circumstances to protect the information:

I. from misuse, interference and loss; and

II. from unauthorised access, modification or disclosure.

11.2 – If:

a) White Ribbon Australia holds personal information about an individual; and

b) no longer needs the information for any purpose for which the information may be used or disclosed under this Schedule; and

c) the information is not contained in a Commonwealth record; and

d) White Ribbon Australia is not required by or under an Australian law, or a court/tribunal order, to retain the information; White Ribbon Australia will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

12. Access to personal information

12.1 – If White Ribbon Australia holds personal information about an individual, White Ribbon Australia must, on request by the individual, give the individual access to the information.

12.2 – If:

a) where White Ribbon Australia is an agency; and

b) White Ribbon Australia is required or authorised to refuse to give the individual access to the personal information by or under:

I. the Freedom of information Act; or

II. any other Act of the Commonwealth, or a Norfolk Island enactment, that provides for access by persons to documents; then, despite subclause 1,

White Ribbon Australia is not required to give access to the extent that White Ribbon Australia is required or authorised to refuse to give access.

12.2 – Despite subclause 12.1, White Ribbon Australia is not required to give the individual access to the personal information to the extent that:

a) White Ribbon Australia reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

b) giving access would have an unreasonable impact on the privacy of other individuals; or

c) the request for access is frivolous or vexatious; or

d) the information relates to existing or anticipated legal proceedings between White Ribbon Australia and the individual, and would not be accessible by the process of discovery in those proceedings; or

e) giving access would reveal the intentions of White Ribbon Australia in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

f) giving access would be unlawful; or

g) denying access is required or authorised by or under an Australian law or a court/tribunal order; or

h) both of the following apply:

I. White Ribbon Australia has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to White Ribbon Australia’s functions or activities has been, is being or may be engaged in;

II. giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

III. giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

IV. giving access would reveal evaluative information generated within White Ribbon Australia in connection with a commercially sensitive decision-making process.

12.4 – White Ribbon Australia must:

a) respond to the request for access to the personal information:

I. where White Ribbon Australia is an agency—within 30 days after the request is made; or

II. if White Ribbon Australia is an organisation—within a reasonable period after the request is made; and

b) give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.

12.5 – If White Ribbon Australia refuses:

a) to give access to the personal information because of subclause 12.2 or 12.3; or

b) to give access in the manner requested by the individual; White Ribbon Australia must take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of White Ribbon Australia and the individual.

12.6 – Without limiting subclause 12.5, access may be given through the use of a mutually agreed intermediary.

12.7 – Where White Ribbon Australia is acting as an agency, White Ribbon Australia must not charge the individual for the making of the request or for giving access to the personal information.

12.8 – If:

a) White Ribbon Australia is an organisation; and

b) where White Ribbon Australia charges the individual for giving access to the personal information; the charge must not be excessive and must not apply to the making of the request.

12.9 – If White Ribbon Australia refuses to give access to the personal information because of subclause 12.2 or 12.3, or to give access in the manner requested by the individual, White Ribbon Australia must give the individual a written notice that sets out:

a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

b) the mechanisms available to complain about the refusal; and

c) any other matter prescribed by the regulations.

12.10 – If White Ribbon Australia refuses to give access to the personal information because of paragraph 12.3(j), the reasons for the refusal may include an explanation for the commercially sensitive decision.

13. Correction of personal information

13.1 – If:

a) White Ribbon Australia holds personal information about an individual; and

b) either:

I. White Ribbon Australia is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; or

II. the individual requests White Ribbon Australia to correct the information; White Ribbon Australia must take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

13.2 – If:

a) White Ribbon Australia corrects personal information about an individual that White Ribbon Australia previously disclosed to another APP entity; and

b) the individual requests White Ribbon Australia to notify the other APP entity of the correction White Ribbon Australia must take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

13.3 – If White Ribbon Australia refuses to correct the personal information as requested by the individual, White Ribbon Australia must give the individual a written notice that sets out:

a) the reasons for the refusal except to the extent that it would be unreasonable to do so; and

b) the mechanisms available to complain about the refusal; and

c) any other matter prescribed by the regulations.

13.4 – If:

a) White Ribbon Australia refuses to correct the personal information as requested by the individual; and

b) the individual requests White Ribbon Australia to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; White Ribbon Australia must take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

13.5 – If a request is made under subclause 13.1 or 13.4, White Ribbon Australia:

a) must respond to the request:

I. if White Ribbon Australia is an agency—within 30 days after the request is made; or

II. if White Ribbon Australia is an organisation—within a reasonable period after the request is made; and

b) must not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information (as the case may be).

Appendix

Definition of personal information

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

a) whether the information or opinion is true or not; and

b) whether the information or opinion is recorded in a material form or not.

2. Definition of sensitive information

Sensitive information means:

a) information or an opinion about an individual’s:

I. racial or ethnic origin; or

II. political opinions; or

III. membership of a political association; or

IV. religious beliefs or affiliations; or

V. philosophical beliefs; or

VI. membership of a professional or trade association; or

VII. membership of a trade union; or

VIII. sexual orientation or practices; or

IX. criminal record; that is also personal information; or

X. health information about an individual; or

XI. genetic information about an individual that is not otherwise health information; or

XII. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

XIII. biometric templates.

3. Section 16A

Permitted general situations in relation to the collection, use or disclosure of personal information.

A permitted general situation exists in relation to the collection, use or disclosure by White Ribbon Australia of personal information about an individual, or of a government related identifier of an individual, if:

a) it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure; and

b) White Ribbon Australia reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.

c)White Ribbon Australia has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to White Ribbon Australia’s functions or activities has been, is being or may be engaged in; and

d) White Ribbon Australia reasonably believes that the collection, use or disclosure is necessary in order for White Ribbon Australia to take appropriate action in relation to the matter.

White Ribbon Australia reasonably believes that the collection, use or disclosure is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing; and The collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.

The collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process.

4. Section 16B

Permitted health situations in relation to the collection, use or disclosure of health information

Collection – provision of a health service

A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:

a) the information is necessary to provide a health service to the individual; and

b) either:

I. the collection is required or authorised by or under an Australian law (other than this Act); or

II. the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.

Collection – research etc.

A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:

a) the collection is necessary for any of the following purposes:

I. research relevant to public health or public safety;

II. the compilation or analysis of statistics relevant to public health or public safety;

III. the management, funding or monitoring of a health service; and

b) that purpose cannot be served by the collection of information about the individual that is de- identified information; and

c) it is impracticable for the organisation to obtain the individual’s consent to the collection; and

d) any of the following apply:

I. the collection is required by or under an Australian law (other than this Act);

II. the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation;

III. the information is collected in accordance with guidelines approved under section 95A for the purposes of this subparagraph.

Use or disclosure – research etc.

A permitted health situation exists in relation to the use or disclosure by an organisation of health information about an individual if:

a) the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety; and

b) it is impracticable for the organisation to obtain the individual’s consent to the use or disclosure; and

c) the use or disclosure is conducted in accordance with guidelines approved under section 95A for the purposes of this paragraph; and

d) in the case of disclosure—the organisation reasonably believes that the recipient of the information will not disclose the information, or personal information derived from that information.

Use or disclosure – genetic information

A permitted health situation exists in relation to the use or disclosure by an organisation of genetic information about an individual (the first individual) if:

a) the organisation has obtained the information in the course of providing a health service to the first individual; and

b) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual;

c) the use or disclosure is conducted in accordance with guidelines approved under section 95AA; and

d) in the case of disclosure—the recipient of the information is a genetic relative of the first individual.

Disclosure – responsible person for an individual

A permitted health situation exists in relation to the disclosure by an organisation of health information about an individual if:

a) the organisation provides a health service to the individual; and

b) the recipient of the information is a responsible person for the individual; and

c) the individual:

I. is physically or legally incapable of giving consent to the disclosure; or

II. physically cannot communicate consent to the disclosure; and

d) another individual (the carer) providing the health service for the organisation is satisfied that either:

I. the disclosure is necessary to provide appropriate care or treatment of the individual; or

II. the disclosure is made for compassionate reasons; and

e) the disclosure is not contrary to any wish:

I. expressed by the individual before the individual became unable to give or communicate consent; and

II. of which the carer is aware, or of which the carer could reasonably be expected to be aware; and

f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (d).

5. Section 16C

Acts and practices of overseas recipients of personal information

5.1 – This section applies if:

a) White Ribbon Australia discloses personal information about an individual to an overseas recipient; and

b) Australian Privacy Principle 8.1 applies to the disclosure of the information; and

c) the Australian Privacy Principles do not apply, under this Act, to an act done, or a practice engaged in, by the overseas recipient in relation to the information; and

d) the overseas recipient does an act, or engages in a practice, in relation to the information that would be a breach of the Australian Privacy Principles (other than Australian Privacy Principle 1) if those Australian Privacy Principles so applied to that act or practice.

5.2 – The act done, or the practice engaged in, by the overseas recipient is taken, for the purposes of this Act:

a) to have been done, or engaged in, by White Ribbon Australia; and

b) to be a breach of those Australian Privacy Principles by White Ribbon Australia

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