Checklist · Privacy, Data Protection & Cyber

Use or disclosure of personal information under APP 6

Checklist of the APP 6 primary-purpose rule and the secondary-purpose exceptions set out in the OAIC chapter 6 webpage.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when an APP entity proposes to use or disclose personal information it holds for a purpose that may not be the purpose for which it was collected.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may record the collection purpose and the proposed purpose from the file and name the exception the party asks about, and the lawyer decides whether APP 6 allows the use or disclosure.

AI may

  • Enter the purpose stated in the collection notice and the purpose now proposed
  • Note whether the information is described on the file as sensitive information
  • Record any consent, law or order the party points to, including its date

AI must not

  • Must not decide that a secondary purpose is related, or directly related
  • Must not decide that consent is valid
  • Must not draft a consent, a use notice, or a disclosure

The lawyer checks

  • The primary purpose is identified from the collection, not from the later use
  • If a secondary purpose is relied on, the exception in paragraph 6.2 that is relied on is made out
  • Direct marketing and government related identifiers are checked against APP 7 and APP 9, which this chapter says APP 6 does not cover
  • A written note is made if APP 6.2(e) is used, as paragraph 6.65 requires

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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