38Contraventions of Division 2 and section 136 are interferences with privacy

38 Contraventions of Division 2 and section 136 are interferences with privacy

(1) An act or practice of an accredited entity that contravenes a provision of Division 2 of this Part or section 136 in relation to personal information about 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, or may be, an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.

(2) The respondent to a complaint under the Privacy Act 1988 about the act or practice, other than an act or practice of an agency or organisation, is the entity that engaged in the act or practice. (3) 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 if: (a) the act or practice of the entity that contravenes a provision of Division 2 of this Part or section 136 is the subject of a complaint to, or an investigation by, the Information Commissioner under Part V of the Privacy Act 1988; and (b) the entity is not an agency or organisation. (4) In this section:

agency has the same meaning as in the Privacy Act 1988.

organisation has the same meaning as in the Privacy Act 1988.