Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 26WG

Whether access or disclosure would be likely, or would not be likely, to result in serious harm--relevant matters

                   For the purposes of this Division, in determining whether a reasonable person would conclude that an access to, or a disclosure of, information:

                     (a)  would be likely; or

                     (b)  would not be likely;

to result in serious harm to any of the individuals to whom the information relates, have regard to the following:

                     (c)  the kind or kinds of information;

                     (d)  the sensitivity of the information;

                     (e)  whether the information is protected by one or more security measures;

                      (f)  if the information is protected by one or more security measures--the likelihood that any of those security measures could be overcome;

                     (g)  the persons, or the kinds of persons, who have obtained, or who could obtain, the information;

                     (h)  if a security technology or methodology:

                              (i)  was used in relation to the information; and

                             (ii)  was designed to make the information unintelligible or meaningless to persons who are not authorised to obtain the information;

                            the likelihood that the persons, or the kinds of persons, who:

                            (iii)  have obtained, or who could obtain, the information; and

                            (iv)  have, or are likely to have, the intention of causing harm to any of the individuals to whom the information relates;

                            have obtained, or could obtain, information or knowledge required to circumvent the security technology or methodology;

                      (i)  the nature of the harm;

                      (j)  any other relevant matters.

Note:          If the security technology or methodology mentioned in paragraph (h) is encryption, an encryption key is an example of information required to circumvent the security technology or methodology.



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