Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 16C

  (1)   This section applies if:

  (a)   an APP entity 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.

  (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 the APP entity; and

  (b)   to be a breach of those Australian Privacy Principles by the APP entity.