This is to be distinguished from the case where an APP entity in Australia sends personal information to a ‘related body corporate’ located outside of Australia. not the individual to whom the personal information relatesĨ.6 This means that where an APP entity in Australia sends information to an overseas office of the entity, APP 8 will not apply as the recipient is the same entity.not the APP entity disclosing the personal information, and.not in Australia or an external Territory.‘Overseas recipient’Ĩ.5 Under APP 8.1, an ‘overseas recipient’ is a person who receives personal information from an APP entity and is: The term ‘holds’ is discussed in Chapter B (Key concepts). That is, it only applies to personal information ‘held’ by an APP entity. It is implicit in this note, that APP 8 only applies to personal information covered by APP 6. A note to APP 6.1 cross-references the requirements for the cross-border disclosure of personal information in APP 8. That is, it must only disclose the personal information for the primary purpose for which it was collected unless an exception to that principle applies (see Chapter 6 (APP 6)). Where an entity discloses personal information to an overseas recipient, it is accountable for an act or practice of the overseas recipient that would breach the APPs (s 16C).Ĩ.3 There are exceptions to the requirement in APP 8.1 and to the accountability provision in s 16C (see paragraphs 8.19–8.55 below).Ĩ.4 When an APP entity discloses personal information to an overseas recipient it will also need to comply with APP 6.
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This reflects a central object of the Privacy Act, of facilitating the free flow of information across national borders while ensuring that the privacy of individuals is respected (s 2A(f)).Ĩ.2 APP 8.1 provides that before an APP entity discloses personal information about an individual to an overseas recipient, the entity must take reasonable steps to ensure that the recipient does not breach the APPs in relation to that information. The framework generally requires an APP entity to ensure that an overseas recipient will handle an individual’s personal information in accordance with the APPs, and makes the APP entity accountable if the overseas recipient mishandles the information.
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How to access Australian Government information.Freedom of information Open sub menu for Freedom of information.Australian Privacy Principles guidelines.
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