120Secrecy

120 Secrecy S. 120(1) substituted by No. 20/2017 s. 102(1). (1) This section applies to a person who is or has been— (a) the Information Commissioner; or (b) the Privacy and Data Protection Deputy Commissioner; or (c) an acting Information Commissioner or Privacy and Data Protection Deputy Commissioner; or (d) a member of staff of the Office of the Victorian Information Commissioner; or (e) a former Commissioner, acting former Commissioner or an employee of the former Commissioner; or (f) a person to whom a former secrecy provision applied. S. 120(2) amended by No. 20/2017 s. 102(2). (2) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information about an individual or organisation obtained or received in the course of performing functions or duties or exercising powers under this Act or a former Act except as provided in subsection (3). Penalty: 240 penalty units, or imprisonment for 2 years or both. (3) A person to whom this section applies may make a record, disclosure or communication referred to in subsection (2) if— (a) it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or a former Act; or (b) the individual or organisation to whom the information relates gives written consent to the making of the record, disclosure or communication. S. 120(4) def. of *former Act* amended by No. 20/2017 s. 102(3)(a). ***former Act*** means either of the following as in force immediately before its repeal— (a) the **Commissioner for Law Enforcement Data Security Act 2005**; (b) the **Information Privacy Act 2000**; S. 120(4) def. of *former Commis-sioner* inserted by No. 20/2017 s. 102(3)(b). ***former Commissioner*** means a person appointed as Commissioner for Privacy and Data Protection; S. 120(4) def. of *former secrecy provision* inserted by No. 20/2017 s. 102(3)(b). ***former secrecy provision*** means— (a) section 67 of the **Information Privacy Act** **2000**, as in force immediately before its repeal; or (b) section 15 of the **Commissioner for Law Enforcement Data Security Act 2005** as in force immediately before its repeal. S. 121 (Heading) amended by No. 20/2017 s. 106(3).