Tasmanian Numbered Acts

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PERSONAL INFORMATION PROTECTION AMENDMENT ACT 2009 (NO. 71 OF 2009) - SECT 10

Schedule 1 amended (Personal Information Protection Principles)
Clause 6 of Schedule 1 to the Principal Act is amended as follows:
(a) by omitting subclause (1) and substituting the following subclause:
(1) If a personal information custodian holds personal information about an individual, the personal information custodian –
(a) may provide that individual with access to his or her personal information on receipt of a written request from the individual for access to his or her personal information; or
(b) if the personal information custodian –
(i) notifies the individual of a decision to refuse a request under paragraph (a) ; or
(ii)  does not respond to a request under paragraph (a) within 20 working days –
the personal information custodian, on receipt of a further written request from the individual for access to his or her personal information, must provide the individual with access to his or her personal information as if –
(iii) the written request were an application for assessed disclosure of information under section 13 of the Right to Information Act 2009 ; and
(iv) the personal information custodian were subject to that Act; and
(v) a reference in that Act to a public authority or a Minister were a reference to a personal information custodian.
(b) by omitting from subclause (2) " Part 4 of the Freedom of Information Act 1991 " and substituting " Part 3A " ;
(c) by omitting from subclause (2) ", whether or not the personal information custodian is subject to that Act, as if a reference to an agency or Minister in that Act were a reference to a personal information custodian" .



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