32Unlawful conduct not exempt

32 Unlawful conduct not exempt

32 Unlawful conduct not exempt

(1) This division does not apply to a person if the person engages in unlawful conduct when collecting, holding, using or disclosing personal information in connection with the exercise of an identity protection function.

(2) Without limiting subsection (1), this division does not apply to a person who—

(a) is party to a contract or agreement with the Secretary that relates to the exercise of an identity protection function, and

(b) breaches a specified provision of the contract or agreement when collecting, holding, using or disclosing personal information in connection to the exercise of the identity protection function.

(3) Subsection (2) does not have effect unless, before the breach, the Secretary has given written notice to the person specifying a provision or provisions for the purpose of subsection (2)(b).