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Section : 8 Australian Privacy Principle 8-cross-border disclosure of personal information
Domain : Human Resource Management
Classification : Not Identified

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  • 8.1 Before an APP entity discloses personal information about an individual to a person (the overseas recipient ):
  • (a) who is not in Australia or an external Territory; and
  • (b) who is not the entity or the individual; the entity must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information. Note: In certain circumstances, an act done, or a practice engaged in, by the overseas recipient is taken, under section 16C, to have been done, or engaged in, by the APP entity and to be a breach of the Australian Privacy Principles.
  • 8.2 Subclause 8.1 does not apply to the disclosure of personal information about an individual by an APP entity to the overseas recipient if:
  • (a) the entity reasonably believes that:
  • (i) the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the Compilation No. 101 Compilation date: 11/12/2024

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