Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:3_2:p1
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 1/3)
Character Range: 112255–115148

2  Use and disclosure

 2.1 An organisation must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
 (a) both of the following apply:
 (i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
 (ii) the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
 (b) the individual has consented to the use or disclosure; or
 (c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
 (i) it is impracticable for the organisation to seek the individual's consent before that particular use; and
 (ii) the organisation will not charge the individual for giving effect to a request by the individual to the organisation not to receive direct marketing communications; and
 (iii) the individual has not made a request to the organisation not to receive direct marketing communications; and
 (iv) in each direct marketing communication with the individual, the organisation draws to the individual's attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
 (v) each written direct marketing communication by the organisation with the individual (up to and including the communication that involves the use) sets out the organisation's business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically; or
 (d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
 (i) it is impracticable for the organisation to seek the individual's consent before the use or disclosure; and
 (ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph; and
 (iii) in the case of disclosure—the organisation reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or
 (e) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent:
 (i) a serious and imminent threat to an individual's life, health or safety; or
 (ii) a serious threat to public health or public safety; or
 (f) the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as