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Information Privacy Principle |
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6.1
If an organisation holds
personal information about an individual, it must provide the individual
with access to the information on request by the individual, except to the
extent that - (a)
providing access would
pose a serious and imminent threat to the life or health of any
individual; or (b)
providing access would
have an unreasonable impact on the privacy of other individuals; or (c)
the request for access
is frivolous or vexatious; or (d)
the information relates
to existing legal proceedings between the organisation and the individual,
and the information would not be accessible by the process of discovery or
subpoena in those proceedings; or (e)
providing access would
reveal the intentions of the organisation in relation to negotiations with
the individual in such a way as to prejudice those negotiations; or (f)
providing access would
be unlawful; or (g)
denying access is
required or authorised by or under law; or (h)
providing access would
be likely to prejudice an investigation of possible unlawful activity; or (i)
providing access would
be likely to prejudice - i.
the prevention,
detection, investigation, prosecution or punishment of criminal offences
or breaches of a law imposing a penalty or sanction; or ii.
the enforcement of laws
relating to the confiscation of the proceeds of crime; or iii.
the protection of public
revenue; or iv.
the prevention,
detection, investigation or remedying of seriously improper conduct; or v.
the preparation for, or
conduct of, proceedings before any court or tribunal, or implementation of
its orders-- by
or on behalf of a law enforcement agency; or (j)
ASIO, ASIS or a law
enforcement agency performing a lawful security function asks the
organisation not to provide access to the information on the basis that
providing access would be likely to cause damage to the security of
Australia. |