(1) The Information Commissioner may make a pandemic information determination on application under section 165BT if satisfied that the public interest in the organisation doing the act or engaging in the practice substantially outweighs the public interest in complying with the specified Information Privacy Principle, approved code of practice or Health Privacy Principle.
(2) In deciding whether to make a pandemic information determination, the Information Commissioner—
(a) must have regard to whether permitting the organisation to do the act or engage in the practice would be in the public interest; and
(b) must have regard to the objective of this Act, the objective of this Part, the Privacy and Data Protection Act 2014 and the Health Records Act 2001 ; and
(c) may have regard to any other matter the Information Commissioner considers relevant.
(3) The Information Commissioner must consult the Health Complaints Commissioner before making a pandemic information determination that relates to a Health Privacy Principle.
(4) The Health Complaints Commissioner may comment in writing on a pandemic information determination made by the Information Commissioner that relates to a Health Privacy Principle.
(5) A pandemic information determination must include a statement of reasons for making the determination.
S. 165BV inserted by No. 53/2021 s. 12.