Document ID: chunk:federal_register_of_legislation:C2024C00852:section:63f
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 63F
Character Range: 101937–104302

63F  Information collected for purposes including taking reasonable steps to comply with age restriction
 (1) If an entity:
 (a) holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, taking reasonable steps to prevent age‑restricted users having accounts with an age‑restricted social media platform; and
 (b) uses or discloses the information otherwise than:
 (i) for the purpose of determining whether or not the individual is an age‑restricted user; or
 (ii) in circumstances where paragraph 6.2(b), (c), (d) or (e) of the Australian Privacy Principles applies; or
 (iii) with the consent of the individual, which must be in accordance with subsection (2);
the use or disclosure of the information is taken to be:
 (c) an interference with the privacy of the individual for the purposes of the Privacy Act 1988; and
 (d) covered by section 13 of that Act.
Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.
 (2) For the purposes of subparagraph (1)(b)(iii):
 (a) the consent must be:
 (i) voluntary; and
 (ii) informed; and
 (iii) current; and
 (iv) specific; and
 (v) unambiguous; and
 (b) the individual must be able to withdraw the consent in a manner that is easily accessible to the individual.
 (3) If an entity holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, taking reasonable steps to prevent age‑restricted users having accounts with an age‑restricted social media platform, then:
 (a) the entity must destroy the information after using or disclosing it for the purposes for which it was collected; and
 (b) if the entity does not so destroy the information, the failure to destroy the information is taken to be:
 (i) an interference with the privacy of the individual for the purposes of the Privacy Act 1988; and
 (ii) covered by section 13 of that Act.
Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.
 (4) In this section:
entity has the same meaning as in Division 1 of Part III of the Privacy Act 1988.
personal information has the same meaning as in the Privacy Act 1988.

Division 4—Information‑gathering powers