Document ID: chunk:federal_register_of_legislation:C2020A00044:clause:1_94a
Version: federal_register_of_legislation:C2020A00044
Segment Type: clause
Provision Reference: sch 1 cl 94A
Character Range: 5213–6858

94A  Simplified outline of this Part

      There are several serious offences relating to COVID app data and COVIDSafe. They deal with:
         • non‑permitted collection, use or disclosure relating to COVID app data; and
         • uploading COVID app data without consent; and
         • retaining or disclosing uploaded data outside Australia; and
         • decrypting encrypted COVID app data; and
         • requiring participation in relation to COVIDSafe.
      Other specific obligations relate to deletion of data and what is to happen after the COVIDSafe data period has ended (as determined by the Health Minister).
      The general privacy law provided by this Act is applied to the requirements of this Part, in particular by:
         • ensuring that COVID app data is taken to be personal information and breaches of this Part are interferences with privacy; and
         • enhancing the Commissioner's role in dealing with eligible data breaches, making assessments and conducting investigations in relation to this Part; and
         • enabling the Commissioner to refer matters to, and share information or documents with, State or Territory privacy authorities; and
         • providing for this Act to apply to State or Territory health authorities in relation to COVID app data.
      This Part imposes on State or Territory health authorities the Act's rules and privacy protections, and Commonwealth oversight, in relation to COVID app data, as Commonwealth property that those authorities receive.
      This Part also cancels the effect of Australian laws that are inconsistent with the prohibitions in this Part.