PRIVACY ACT 1988 - SECT 26WC Deemed holding of information

PRIVACY ACT 1988 - SECT 26WC

Overseas recipients

  (1)   If:

  (a)   an APP entity has disclosed personal information about one or more individuals to an overseas recipient; and

  (b)   Australian Privacy Principle   8.1 applied to the disclosure of the personal information; and

  (c)   the overseas recipient holds the personal information;

this Part has effect as if:

  (d)   the personal information were held by the APP entity; and

  (e)   the APP entity were required under section   15 not to do an act, or engage in a practice, that breaches Australian Privacy Principle   11.1 in relation to the personal information.

Bodies or persons with no Australian link

  (2)   If:

  (a)   either:

  (i)   a credit provider has disclosed, under paragraph   21G(3)(b) or (c), credit eligibility information about one or more individuals to a related body corporate, or person, that does not have an Australian link; or

  (ii)   a credit provider has disclosed, under subsection   21M(1), credit eligibility information about one or more individuals to a body or person that does not have an Australian link; and

  (b)   the related body corporate, body or person holds the credit eligibility information;

this Part has effect as if:

  (c)   the credit eligibility information were held by the credit provider; and

  (d)   the credit provider were required to comply with subsection   21S(1) in relation to the credit eligibility information.

Note:   See section   21NA.