19Special restrictions on disclosure of personal information

#### 19 Special restrictions on disclosure of personal information 19 Special restrictions on disclosure of personal information > > (1) A public sector agency must not disclose personal information relating to an individual’s ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership or sexual activities unless the disclosure is necessary to prevent a serious and imminent threat to the life or health of the individual concerned or another person. > > > (2) A public sector agency that holds personal information about an individual must not disclose the information to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless— > > > > > (a) the public sector agency reasonably believes that the recipient of the information is subject to a law, binding scheme or contract that effectively upholds principles for fair handling of the information that are substantially similar to the information protection principles, or > > > > > (b) the individual expressly consents to the disclosure, or > > > > > (c) the disclosure is necessary for the performance of a contract between the individual and the public sector agency, or for the implementation of pre-contractual measures taken in response to the individual’s request, or > > > > > (d) the disclosure is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the public sector agency and a third party, or > > > > > (e) all of the following apply— > > > > > > > (i) the disclosure is for the benefit of the individual, > > > > > > > (ii) it is impracticable to obtain the consent of the individual to that disclosure, > > > > > > > (iii) if it were practicable to obtain such consent, the individual would be likely to give it, or > > > > > (f) the disclosure is reasonably believed by the public sector agency to be necessary to lessen or prevent a serious and imminent threat to the life, health or safety of the individual or another person, or > > > > > (g) the public sector agency has taken reasonable steps to ensure that the information that it has disclosed will not be held, used or disclosed by the recipient of the information inconsistently with the information protection principles, or > > > > > (h) the disclosure is permitted or required by an Act (including an Act of the Commonwealth) or any other law. > > > (3)–(5) (Repealed) > > **s 19:** Am 2002 No 71, Sch 3 \[5\]–\[10\]; 2015 No 69, Sch 1 \[2\].