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RESIDENTIAL TENANCIES ACT 1997 - SECT 142K

Restriction on access to personal information

    (1)     This section applies to personal information in the Rooming House Register that the Director may make available for inspection under section 142J(2).

    (2)     An individual who is an applicant for the issue, renewal or transfer of a registration of a rooming house under section 71 of the Public Health and Wellbeing Act 2008 or the proprietor of a registered rooming house may apply to the Director to restrict public access to some or all of that individual's personal information to which this section applies.

Example

An individual may wish his or her name to be restricted from access by the public.

    (3)     On receiving an application under subsection (2), the Director may restrict public access to some or all of that personal information if the Director is satisfied that exceptional circumstances exist justifying the restriction of public access to that personal information.

    (4)     The Director may restrict public access under subsection (3) for the period, and on the conditions, that the Director thinks fit.

    (5)     If the Director is satisfied that it is in the public interest that restricted personal information be released to a person who applies for the release of that information, the Director may release some or all of the information to that person on any conditions that the Director thinks fit.

    (6)     If the Director decides to release restricted personal information under subsection (5), the Director must give written notice of that decision to the individual whose restricted personal information is to be released.

    (7)     The Director must not release restricted personal information without the consent of the individual whose personal information is restricted unless—

        (a)     at least 28 days have passed since the Director gave written notice under subsection (6) of the decision to release the information; and

        (b)     either—

              (i)     the individual has not applied to the Tribunal for a review of the decision; or

              (ii)     the Tribunal has upheld the Director's decision to release the restricted information.

    (8)     In this section—

S. 142K(8) def. of personal information amended by No. 60/2014 s. 140(Sch. 3 item 41).

"personal information" has the same meaning as in section 3 of the Privacy and Data Protection Act 2014 .

S. 142KA inserted by No. 45/2018 s. 124.



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