Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_17
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 31336–34248

17  Australian Privacy Principle 9: Adoption, use or disclosure of government related identifiers (as customised for the purposes of this Code)
       Adoption of government related identifiers
       (1)    A Research Organisation must not adopt a government related identifier of an individual as its own identifier of the individuals unless:
         (a)    the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order;
         (b)    subclause 9.3 applies in relation to the adoption.

            Note: An act or practice of an agency may be treated as an act or practice of an organisation, see section 7A of the Privacy Act.
       Use or disclosure of government related identifiers
       (2)    A Research Organisation must not use or disclose a government related identifier of an individual unless:
         (a)    the use or disclosure of the identifier is reasonably necessary for the organisation to verify the identity of the individual for the purposes of the organisation's activities or functions; or
         (b)    the use or disclosure is reasonably necessary for the organisation to fulfil its obligations to an agency or a State or Territory authority; or
         (c)    the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or
         (d)    a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act) exists in relation to the use or disclosure of the identifier; or
         (e)    the organisation reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
         (f)     subclause 9.3 applies in relation to the use or disclosure.

            Note 1: An act or practice of an agency may be treated as an act or practice of an organisation, see section 7A of the Privacy Act.

            Note 2: For permitted general situations, see section 16A of the Privacy Act.
       Regulations about adoption, use or disclosure
       (3)    This section applies in relation to the adoption, use or disclosure by a Research organisation of a government related identifier of an individual if:
         (a)    the identifier is prescribed by the regulations; and
         (b)    the Research Organisation is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations; and
         (c)    the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.

            Note: There are prerequisites that must be satisfied before the matters mentioned in this section are prescribed, see subsections 100(2) and (3) of the Privacy Act.

Integrity of personal information