New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 27D

27D Exemptions relating to emergency situations

(1) A public sector agency is not required to comply with the information protection principles in relation to the collection, use or disclosure of personal information if--

(a) the collection, use or disclosure of the information is reasonably necessary to assist in a stage of an emergency, and

(b) the collection, use or disclosure is only for the purpose of assisting in the stage of the emergency, and

(c) it is impracticable or unreasonable to seek the consent of the individual to whom the information relates to the collection, use or disclosure for the purpose of assisting in the stage of the emergency.

(2) In this section--

"emergency" has the same meaning as in the State Emergency and Rescue Management Act 1989 .

"stage" , of an emergency, means a stage in relation to an emergency mentioned in the State Emergency and Rescue Management Act 1989 , section 5.

(3) If personal information is collected, used or disclosed under this section--

(a) the public sector agency must not hold the information for longer than 18 months, unless extenuating circumstances apply or consent has been obtained, and

(b) if the public sector agency is a law enforcement agency--the agency must not use the information for the purpose of a prosecuting an offence.