16FCompliance with APP‑equivalence term

16F Compliance with APP‑equivalence term

(1) If an entity is subject to an APP‑equivalence term of a data sharing agreement, an act or practice of the entity that contravenes the term in relation to an individual is taken to be: (a) an interference with the privacy of the individual for the purposes of the Privacy Act 1988; and (b) covered by sections 13, 13G and 13H of that Act.

Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.

(2) The entity is taken, for the purposes of Part V of the Privacy Act 1988 and any other provision of that Act that relates to that Part, to be an organisation (within the meaning of that Act) if: (a) an act or practice of the entity has contravened, or may have contravened, the APP‑equivalence term in relation to an individual; and (b) the act or practice is the subject of a complaint to, or an investigation by, the Information Commissioner under Part V of the Privacy Act 1988. (3) For the purposes of subsection (1), the reference in sections 13G and 13H of the Privacy Act 1988 to an entity includes a reference to any entity that is subject to an APP‑equivalence term. (4) Paragraph 33C(1)(a) of the Privacy Act 1988 applies in relation to an entity that is subject to an APP‑equivalence term of a data sharing agreement as if the entity were an APP entity. (5) Sections 80V and 80W of the Privacy Act 1988 apply in relation to an APP‑equivalence term as if the term were a provision of that Act.