Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_14a:p1
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 14A (pt 1/2)
Character Range: 24909–28246

14A  Additional requirement: research use and disclosure
       Re-use of identifiable research information for subsequent research
       (1)    A Research Organisation may use identifiable research information for a research purpose provided that:
         (a)    if re-contact of an individual who initially declined to participate is involved, the Research Organisation and client have genuine research concerns that warrant such re-contact; and
         (a)    if re-contact of an individual who has participated in a research exercise is involved:
              (i)            the individual was informed of this likelihood at the time the information was collected, except where the research and client organisations have reasonable grounds to decide that there are genuine research concerns that justify not so notifying; or
              (ii)            any individual who, at the time of collection, indicated a wish not to be re-contacted for research purposes is excluded unless the research and client organisations have reasonable grounds to decide that there are genuine research concerns that warrant the individual's inclusion.
       Disclosure of personal information for research
       (2)    A Research Organisation may disclose identifiable research information provided that:
         (a)    the disclosure is necessary for a research purpose; and
         (b)    only that part of the information considered necessary for this research purpose is disclosed; and
         (c)    if this research purpose could be achieved using de-identified information, the information is de-identified before being disclosed; and
         (d)    where the recipient is the client, the consent of all individuals who could be identifiable has been obtained, except where the personal information being disclosed to the client concerns individuals' research status. In this case:
              (i)            the Research Organisation should take reasonable steps to ensure that the information concerning individuals' research status cannot be linked to individuals' research data about those individuals; and
              (ii)            the  Research Organisation should obtain the client's agreement to restrict use of the information concerning individuals' research status only for the specific purpose of regulating the frequency of contacts of individuals in the client's subsequent research.
       (3)    If subsection 16B(2) of the Privacy Act applies in relation to the collection of the identifiable research information by the Research Organisation, it must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the Organisation discloses it in accordance with subsections 14(1).
       Written note of use or disclosure
       (4)    If a Research Organisation uses or discloses identifiable research information in accordance with paragraph 14(1)(e), the Organisation must make a written note of the use of disclosure.
       Related bodies corporate
       (5)    If a Research Organisation is a body corporate; and it collects identifiable research information from a related body corporate; this principle applies as if the Research Organisation's primary purpose for the collection of the information were the primary purpose for which the related body