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ARTICLE · 01 NOVEMBER 2015

Risks of sending personal information overseas

Sparke Helmore Lawyers
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This resource will provide agencies some guidance on their obligations under the Australian Privacy Principles (APPs).

AustraliaPrivacy
Ashley Cahif (Formerly With Sparke Helmore Lawyers)
Ashley Cahif (Formerly With Sparke Helmore Lawyers)
Michael Palfrey
Michael Palfrey
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The Office of the Australian Information Commissioner (OAIC) recently issued Privacy agency resource No. 4: Sending personal information overseas to provide agencies some guidance on their obligations under the Australian Privacy Principles (APPs).

The difference between an overseas "use" or "disclosure" of personal information

The specific APPs that apply when personal information is sent overseas depend on whether there has been a "use" or "disclosure" of personal information.

Unfortunately, neither of these terms are defined in the Privacy Act 1988 (Cth). However, the guidance contained in the APP Guidelines draws a distinction based on the degree of control the APP entity retains over the information after it is provided to the overseas recipient.

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