17Consent to sharing personal information—sections 16A and 16B of the Act

17 Consent to sharing personal information—sections 16A and 16B of the Act

(1) This section is about an individual’s consent to the sharing of personal information about the individual for the purposes of subsection 16A(1) and subparagraphs 16B(1)(a)(ii) and (3)(a)(i) of the Act. (2) Before the consent is given, the individual must be adequately informed about the sharing, including the following: (a) the nature of the personal information to be shared; (b) whether the information is to be shared more than once; (c) the accredited entity or entities with which the information will be shared. (3) The consent must be voluntary. (4) The consent must relate specifically to the sharing of the information for the project. (5) The consent must be current at the time of the sharing. (6) Without limiting subsection (5), consent is not current at the time of the sharing if the consent was withdrawn before that time. (7) A withdrawal of consent has effect only if done expressly (whether orally or in writing) and only in relation to sharing after the time of the withdrawal. A withdrawal of consent has no effect in relation to sharing that occurred before the withdrawal. (8) The consent must be given: (a) if the individual has the capacity to consent—by the individual; or (b) otherwise—by a responsible person for the individual (within the meaning of the Privacy Act 1988). (9) Consent for the purposes of subparagraph 16B(1)(a)(ii) or (3)(a)(i) of the Act may be express (either oral or in writing) or implied (in circumstances where it may be reasonably inferred from conduct).

Note: Consent for the purposes of subsection 16A(1) of the Act is required by that subsection to be express.