Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 23

23 What it means to disclose personal information and to use personal information

(1) This section applies for the application of the privacy principles.

(2) An entity (the
"first entity" )
"discloses" personal information to another entity (the
"second entity" ) if—

(a) the second entity does not know the personal information, and is not in a position to be able to find it out; and

(b) the first entity gives the second entity the personal information, or places it in a position to be able to find it out; and

(c) the first entity ceases to have control over the second entity in relation to who will know the personal information in the future.

(3) An entity
"uses" personal information if it—

(a) manipulates, searches or otherwise deals with the information; or

(b) takes the information into account in the making of a decision; or

(c) transfers the information from a part of the entity having particular functions to a part of the entity having different functions.

(4) Subsection (3) does not limit what actions may be
"use" of the personal information.

(5) However,
"use" of the personal information does not include the action of disclosing the personal information to another entity.