Western Australian Current Acts Western Australian Current Acts (1) In this section
—
national privacy principles means the principles
stated in the Privacy Act 1988 (Commonwealth).
(2) A database
operator must not keep personal information about a particular person in the
operator’s residential tenancy database for longer than —
(a) 3
years; or
(b) if,
under the national privacy principles, the operator of the database is
required to remove the personal information before the end of the 3 year
period mentioned in paragraph (a) — the period ending when the
information must be removed under the national privacy principles; or
(c) if
the person —
(i)
was a minor as defined in section 59A(1) when the
information was listed in the database; and
(ii)
reaches 18 years of age before the end of the 3 year
period mentioned in paragraph (a),
the period ending when
the person reaches 18 years of age.
Penalty for this subsection: a fine of $5 000.
(3) However, a
database operator may keep the person’s name in the operator’s
residential tenancy database for longer than the period stated in subsection
(2)(a) or (b) if —
(a)
other personal information about the person in the database is attached to the
name; and
(b) the
other personal information is not required to be removed under subsection (2)
or another law.
(4) This section does
not limit the operation of another provision of this Part or of another law
that requires the removal of the personal information.
[Section 82K inserted: No. 60 of 2011 s. 96;
amended: No. 3 of 2019 s. 25.]