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PRIVACY AND DATA PROTECTION ACT 2014 - SECT 15B

Exemption—information sharing under the Child Wellbeing and Safety Act 2005

    (1)     Nothing in IPP 1.4, or any applicable code of practice modifying the application of IPP 1.4 or prescribing how IPP 1.4 is to be applied or complied with, applies to the collection of personal information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005 , or by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of that Act.

    (2)     Nothing in IPP 1.5, or any applicable code of practice modifying the application of IPP 1.5 or prescribing how IPP 1.5 is to be applied or complied with, applies to the collection of personal information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005 , to the extent that the application of, or compliance with, IPP 1.5 would be contrary to the promotion of the wellbeing or safety of a child to whom the information relates.

    (3)     Nothing in IPP 1.5, or any applicable code of practice modifying the application of IPP 1.5 or prescribing how IPP 1.5 is to be applied or complied with, applies to the collection of personal information by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005 .

    (4)     Nothing in IPP 10.1, or any applicable code of practice modifying the application of IPP 10.1 or prescribing how IPP 10.1 is to be applied or complied with, applies to the collection, use or disclosure of sensitive information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005 , or by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of that Act.

S. 15B(5) amended by No. 30/2019 s. 19.

    (5)     Nothing in an IPP, or any applicable code of practice modifying the application of an IPP or prescribing how an IPP is to be applied or complied with, applies to the collection, use or disclosure of personal or sensitive information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005 , or by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of that Act, to the extent that the IPP requires the consent of the person to whom the information relates for the collection, use or disclosure of that information.

    (6)     In this section—

"Child Link user" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;

"information sharing entity" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;

restricted information sharing entity has the same meaning as in the Child Wellbeing and Safety Act 2005 .

S. 15C inserted by No. 34/2019 s. 87.



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