Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 67

Secrecy

67. Secrecy



(1) A person who is, or has been, the Privacy Commissioner, an acting Privacy
Commissioner, a delegate of the Privacy Commissioner, an employee in the
office of the Privacy Commissioner or a consultant engaged by the Privacy
Commissioner must not, directly or indirectly, make a record of, disclose or
communicate to any person any information relating to the affairs of any
individual or organisation acquired in the performance of functions or duties
or the exercise of powers under this Act, unless-

   (a)  it is necessary to do so for the purposes of, or in connection with,
        the performance of a function or duty or the exercise of a power under
        this Act; or

   (b)  the individual or organisation to whom the information relates gives
        written consent to the making of the record, disclosure or
        communication.

Penalty: 60 penalty units.

(2) Without limiting subsection (1), the Privacy Commissioner must not
disclose or communicate to any person, other than a person employed in the
office of the Privacy Commissioner, any information given to the Privacy
Commissioner pursuant to a requirement made under Division 3 of Part 5 or
Part 6 (including information contained in a document required to be produced
to the Privacy Commissioner) unless he or she has-

   (a)  notified the person from whom the information was obtained of the
        proposal to disclose or communicate that information; and

   (b)  given that person a reasonable opportunity to object to the disclosure
        or communication.

Penalty: 60 penalty units.