Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_12
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 18075–19305

12  Australian Privacy Principle 4: Dealing with unsolicited personal information (as customised for the purposes of this Code)
       (1)    If:
         (a)    a Research Organisation receives identifiable research information; and
         (b)    the Research Organisation did not solicit the information;
       the Research Organisation must, within a reasonable period after receiving the information, determine whether or not the Research Organisation could have collected the information under APP 3 if the Research Organisation had solicited the information.
       (2)    The Research Organisation may use or disclose the identifiable research information for the purposes of making the determination under subsection 12(1).
       (3)    If the Research Organisation determines that it could not have collected the identifiable research information, it must, as soon as practicable, but only if it is lawful and reasonable to do so, destroy the information or ensure that it is de-identified.
       (4)    If subsection 12(3) does not apply in relation to the identifiable research information, APPs 5-13 apply in relation to the information as if the Research Organisation had collected the information under APP 3.