160Use or divulge protected information

160 Use or divulge protected information (1) A person commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. (2) A person commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. (3) Subsections (1) and (2) do not apply— (a) if the information is used or divulged— (i) under this Act or another law applying in the ACT; or (ii) in relation to the exercise of a function by a person under this Act or another law applying in the ACT; or (iii) in a court proceeding; or (b) to the using or divulging of protected information about a person with the person’s consent. (4) A person need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by another person because of the exercise, or the purported exercise, of a function under this Act by the other person or someone else. use, in relation to information, includes make a record of the information.