Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INFORMATION PRIVACY ACT 2009 - SECT 157

Waiver or modification approval

157 Waiver or modification approval

(1) An agency may apply to the information commissioner for an approval under this section.
(2) The commissioner may, by gazette notice, give an approval that waives or modifies the agency’s obligation to comply with the privacy principles—
(a) if it is a temporary approval—for the period of the approval’s operation; or
(b) otherwise—until the approval is revoked or amended.
(3) The Statutory Instruments Act 1992 , sections 49 to 51 apply to a gazette notice under subsection (2) , including a gazette notice revoking or amending an approval, as if it were subordinate legislation.
(4) The commissioner may give an approval under this section only if the commissioner is satisfied that the public interest in the agency’s compliance with the privacy principles is outweighed by the public interest in waiving or modifying the agency’s compliance with the privacy principles to the extent stated in the approval.
(5) While an approval is in force, the agency to which it applies does not contravene this Act in relation to the privacy principles if it acts in accordance with the approval.
(6) If the commissioner gives an approval under this section—
(a) the commissioner must also ensure that a copy of the gazette notice is published on the commissioner’s website on the internet while the approval is in force; and
(b) if it is practicable to do so, the agency the subject of the approval must ensure that a copy of the gazette notice is published on the agency’s website on the internet.
(7) In this section—

"agency" includes a bound contracted service provider.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback