419Keeping record of use or disclosure of intelligent access program information

419 Keeping record of use or disclosure of intelligent access program information

419 Keeping record of use or disclosure of intelligent access program information

(1) If an intelligent access program service provider uses or discloses intelligent access program information, the service provider must, within 7 days after the use or disclosure, make a record of the use or disclosure that—

(a) contains the information mentioned in subsection (2); and

(b) is in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) The record must contain the following information—

(a) the intelligent access program service provider’s name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information;

(b) the date of the use or disclosure;

(c) for a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used;

(d) for a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed;

(e) the provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure;

(f) if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.

(3) An intelligent access program service provider must keep a record made under this section for at least 2 years.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

ss 417–420: Am 2016 No 65, sec 139.