Check a proposed secondary use against the use-and-disclosure rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the collection notice and the proposed use, state the purpose the information was collected for and the new purpose, and list which exception the file claims. Leave blank whether the exception is made out. The tool does not make the disclosure.
- What the lawyer must review
- OAIC Chapter 6 says an APP entity that holds personal information may use or disclose it only for the primary purpose of collection, unless an exception applies. Holds includes a record the entity has the right or power to deal with, not only physical possession. The chapter lists these exceptions: consent, a reasonable expectation where the secondary purpose is related to the primary purpose, or directly related if the information is sensitive, a use or disclosure required or authorised by or under an Australian law or a court or tribunal order, a permitted general situation, a permitted health situation for an organisation, a reasonable belief that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, and the biometric disclosure in APP 6.3. Personal information other than sensitive information may also be disclosed to a related body corporate. APP 6 does not apply to direct marketing, which is APP 7, or to government related identifiers, which is APP 9. Consent has the four elements on the page. A related purpose needs more than a tenuous link. The detailed content of permitted general situations, permitted health situations and enforcement related activities was not opened beyond the list in the chapter, so the lawyer reads that part before relying on one of them. The direct-marketing check is a separate task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the collection notice and the proposed use, state the purpose the information was collected for and the new purpose, and list which exception the file claims. Leave blank whether the exception is made out. The tool does not make the disclosure. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- If the new purpose is direct marketing, use the direct-marketing task. APP 6 does not apply to that use.
- Record the primary purpose from the collection notice before naming an exception.
- For sensitive information, the related-purpose exception requires a purpose that is directly related.
- Do not rely on a permitted general situation, a permitted health situation or an enforcement activity until that part of the chapter has been read. It was not opened beyond the list.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.