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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

159: Report on findings of review

You could also call this:

"The Commissioner writes a report if information sharing is not working properly or is hurting people's privacy."

Illustration for Privacy Act 2020

The Commissioner checks how information sharing agreements are working. If the Commissioner thinks something is wrong, you might get a report. This happens if the agreement is not working as planned, or if it is not helping to provide a public service.

The Commissioner might think the agreement is a problem if it is affecting people's privacy too much, or if it is too expensive. The Commissioner looks at the agreement to see if it is working properly, and if it is not, they might write a report to the Minister.

The report might say the agreement needs to be changed, or that it should be cancelled altogether, by revoking the Order in Council that approved it, which can be found through a link like the one to s 96X.

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Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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158: Review of operation of approved information sharing agreement, or

"Checking how well information sharing agreements are working"

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160: Relevant Minister must present copy of report under section 159(1) and report setting out Government's response to House of Representatives, or

"The Minister must give a copy of a report to the House of Representatives and explain how the Government will respond to it."

Part 7Sharing, accessing, and matching personal information
Information sharing

159Report on findings of review

  1. After completing a review under section 158, the Commissioner may provide a report to the relevant Minister if the Commissioner has reasonable grounds to suspect that an approved information sharing agreement is—

  2. operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into):
    1. failing to facilitate the provision of the public service or public services to which it relates:
      1. unreasonably impinging on the privacy of individuals:
        1. operating in such a way that the financial and other costs of sharing personal information under the agreement outweigh the benefits of sharing it.

          1. The Commissioner may recommend in the report that—

          2. the agreement should be amended in 1 or more material respects; or
            1. the Order in Council by which the agreement was approved should be revoked.

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