Section 26WC — Privacy Act 1988: Deemed holding of information

Overseas recipients (1) If: (a) an APP entity has disclosed personal information about one or more individuals to an overseas recipient; and (b) Australian Privacy Principle 8.1 applied to the disclosure of the personal information; and (c) the overseas recipient holds the personal information; this Part has effect as if: (d) the personal information were held by the APP entity; and (e) the APP entity were required under section 15 not to do an act, or engage in a practice, that breaches Australian Privacy Principle 11.1 in relation to the personal information. Bodies or persons with no Australian link (2) If: (a) either: (i) a credit provider has disclosed, under paragraph 21G(3)(b) or (c), credit eligibility information about one or more individuals to a related body corporate, or person, that does not have an Australian link; or (ii) a credit provider has disclosed, under subsection 21M(1), credit eligibility information about one or more individuals to a body or person that does not have an Australian link; and (b) the related body corporate, body or person holds the credit eligibility information; this Part has effect as if: (c) the credit eligibility information were held by the credit provider; and (d) the credit provider were required to comply with subsection 21S(1) in relation to the credit eligibility information. Note: See section 21NA.