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PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 47 Commissioner to consider information usage arrangement

PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 47

Commissioner to consider information usage arrangement

    (1)     A lead party may apply for approval of an information usage arrangement by submitting to the Commissioner an information usage arrangement.

    (2)     The Commissioner may—

        (a)     direct each organisation that is a party to the information usage arrangement to consult with any person that the Commissioner considers appropriate; and

        (b)     consult any person that the Commissioner considers appropriate.

    (3)     If the arrangement would modify the application of, or provide for noncompliance with, a specified Information Privacy Principle or an approved code of practice, the Commissioner must consider whether the public interest in handling personal information under the information usage arrangement in the way specified under section 45(2)(d) would substantially outweigh the public interest in complying with the specified Information Privacy Principle or approved code of practice.

    (4)     If the arrangement is for the purposes of an information handling provision, the Commissioner must consider whether the public interest in treating the handling of personal information as being permitted for the purpose of the information handling provision would substantially outweigh the public interest in treating that handling of information as not being permitted for the purpose of the information handling provision.