298EInformation protection agreements

298E Information protection agreements S. 298E(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.167). (1) Safe Transport Victoria or a relevant person must not disclose relevant information to a person or body under section 298C(1)(c), (j) or (k), unless the person or body has first entered into an information protection agreement with Safe Transport Victoria. (2) An information protection agreement must— (a) specify— (i) the purpose for which the information is proposed to be disclosed to the person or body; and S. 298E(2) (a)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (ii) the provision of this Act under which Safe Transport Victoria is authorised to disclose the information; and S. 298E(2) (a)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (iii) the means by which the information will be provided by Safe Transport Victoria; and (iv) the means by which the information will be protected by the person or body; and (v) how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and (vi) the auditing arrangements; and (vii) the procedures for managing any breach of privacy; and (b) include an undertaking by the person or body that the information will be used or disclosed only for the purpose specified in the agreement. S. 298E(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (3) An information protection agreement may include any other requirements, qualifications or conditions specified by Safe Transport Victoria. (4) Subsection (2) does not apply if— S. 298E(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (a) an information protection agreement is currently in force between Safe Transport Victoria and the delegator, employer, contractor or principal of the person or body who has requested the relevant information; and (b) in making the request for the relevant information, the person or body is acting within the scope of their actual or apparent authority under the delegation, employment, contractual relationship or agency. S. 298E(5) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (5) If a person or body requests relevant information other than for a purpose specified in subsection (2), Safe Transport Victoria or a relevant person may require the person or body to first enter into an information protection agreement with Safe Transport Victoria. S. 298E(6) amended by No. 34/2023 s. 127(Sch. 1 item 7.167(b)). (6) A person or body is not required to enter into an information protection agreement with Safe Transport Victoria in relation to the use or disclosure of relevant information if— (a) the person or body is a relevant person; and (b) the relevant information is disclosed to the person or body in their capacity as a relevant person. S. 298F inserted by No. 55/2017 s. 28, amended by No. 34/2023 s. 127(Sch. 1 item 7.168).