Sections 288 and 49A of the Privacy Act commences today.

January 30, 2012 |

Privacy breaches in relation to the Personal Property Securities Register The Personal Property Securities Register (PPS Register) established under the Personal Property Securities Act 2009 (Cth) (PPS Act) commences today. The PPS Act confers new functions on the Australian Information Commissioner in relation to personal information contained on the PPS Register.

• Section 28B provides the Australian Information Commissioner with the power to investigate an act or practice that may be an interference with the privacy of an individual under subsection 157(4) of the PPS Act (which relates to notice requirements) or 173(2) of the PPS Act (which relates to the prohibition on unauthorised searches of the PPS Register, or use of the personal information obtained as a result of an unauthorised search).  These interference with privacy provisions cover any entity or individual whether or not they are otherwise subject to the Privacy Act.

• Section 49A, which  states that an investigation under s 40 of the Privacy Act is to cease if the civil penalty provision under the PPS Act may have been contravened.

 

 

 

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