Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 66

Protection from liability

66. Protection from liability



(1) A person who lodges a complaint under section 25(1) is not personally
liable for any loss, damage or injury suffered by another person by reason
only of the lodging of the complaint.

(2) A person who produces a document, or gives any information or evidence, to
the Privacy Commissioner under this Act is not personally liable for any loss,
damage or injury suffered by another person by reason only of that production
or giving.

(3) Subsection (4) applies where-

   (a)  a person has been provided by an organisation with access to personal
        information; and

   (b)  the access was required by IPP 6 or an applicable code of practice or
        the organisation, or an employee or agent of the organisation acting
        within the scope of his or her actual or apparent authority, believed
        in good faith that the access was required by IPP 6 or an applicable
        code of practice.

(4) The provision of access to personal information in the circumstances
referred to in subsection (3)-

   (a)  is not to be regarded as making the organisation, or any employee or
        agent of the organisation, liable for defamation or breach of
        confidence or guilty of a criminal offence by reason only of the
        provision of access; or

   (b)  is not to be regarded as making any person who provided the personal
        information to the organisation liable for defamation or breach of
        confidence in respect of any publication involved in, or resulting
        from, the provision of access by reason only of the provision of
        access; or

   (c)  must not be taken for the purpose of the law relating to defamation or
        breach of confidence to constitute an authorisation or approval of the
        publication of the information by the person who is provided with
        access to it.

(5) An organisation is not in breach of the Information Privacy Principles or
an applicable code of practice by reason only of-

   (a)  collecting, using, disclosing or transferring personal information; or

   (b)  providing access to personal information; or

   (c)  correcting personal information-

of an individual in response to a consent or request by an authorised
representative whose consent or request is void by virtue of section 64(4).