Version as at
6 December 2023
Privacy Act 2020
Part 3 s 30
(a)
collect personal information even if the collection of that information
would otherwise be in breach of IPP 2:
(b)
keep personal information even if the keeping of that information would
otherwise be in breach of IPP 9:
(c)
use personal information even if the use of that information would other‐
wise be in breach of IPP 10:
(d)
disclose personal information even if the disclosure of that information
would otherwise be in breach of IPP 11 or 12.
(2)
An application under subsection (1) must be made in the manner required by
the Commissioner.
(3)
If, on receiving an application, the Commissioner is not satisfied that the appli‐
cant has taken sufficient steps to give notice of the application to all individuals
concerned, the Commissioner may require the applicant to give public notice of
the application in a manner that the Commissioner specifies.
(4)
If, on receiving an application, the Commissioner is not satisfied that the appli‐
cant has given sufficient opportunity to individuals concerned to object to the
application, the Commissioner may require the applicant to give any further
opportunity that the Commissioner specifies.
(5)
In considering whether to grant an authorisation, the Commissioner must take
into account any objections to the application received from individuals con‐
cerned.
(6)
The Commissioner may grant an authorisation sought by an applicant only if
the Commissioner is satisfied that, in the special circumstances of the case,—
(a)
(b)
the public interest in granting the authorisation outweighs, to a substan‐
tial degree, the possibility of—
(i)
any loss, detriment, damage, or injury to the individuals con‐
cerned; or
(ii)
any adverse effect on the rights, benefits, privileges, obligations,
or interests of the individuals concerned; or
(iii)
any significant humiliation, significant loss of dignity, or signifi‐
cant injury to the feelings of the individuals concerned; or
granting the authorisation would result in a clear benefit to the individu‐
als concerned that outweighs the possibility of—
(i)
any loss, detriment, damage, or injury to the individuals con‐
cerned; or
(ii)
any adverse effect on the rights, benefits, privileges, obligations,
or interests of the individuals concerned; or
(iii)
any significant humiliation, significant loss of dignity, or signifi‐
cant injury to the feelings of the individuals concerned.
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