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PRIVACY ACT 1988 - SECT 26WC

Deemed holding of information

Overseas recipients

             (1)  If:

                     (a)  an APP entity has disclosed personal information about one or more individuals to an overseas recipient; and

                     (b)  Australian Privacy Principle 8.1 applied to the disclosure of the personal information; and

                     (c)  the overseas recipient holds the personal information;

this Part has effect as if:

                     (d)  the personal information were held by the APP entity; and

                     (e)  the APP entity were required under section 15 not to do an act, or engage in a practice, that breaches Australian Privacy Principle 11.1 in relation to the personal information.

Bodies or persons with no Australian link

             (2)  If:

                     (a)  either:

                              (i)  a credit provider has disclosed, under paragraph 21G(3)(b) or (c), credit eligibility information about one or more individuals to a related body corporate, or person, that does not have an Australian link; or

                             (ii)  a credit provider has disclosed, under subsection 21M(1), credit eligibility information about one or more individuals to a body or person that does not have an Australian link; and

                     (b)  the related body corporate, body or person holds the credit eligibility information;

this Part has effect as if:

                     (c)  the credit eligibility information were held by the credit provider; and

                     (d)  the credit provider were required to comply with subsection 21S(1) in relation to the credit eligibility information.

Note:          See section 21NA.



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