Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 26WG

    For the purposes of this Division, in determining whether a reasonable person would conclude that an access to, or a disclosure of, information:

  (a)   would be likely; or

  (b)   would not be likely;

to result in serious harm to any of the individuals to whom the information relates, have regard to the following:

  (c)   the kind or kinds of information;

  (d)   the sensitivity of the information;

  (e)   whether the information is protected by one or more security measures;

  (f)   if the information is protected by one or more security measures--the likelihood that any of those security measures could be overcome;

  (g)   the persons, or the kinds of persons, who have obtained, or who could obtain, the information;

  (h)   if a security technology or methodology:

  (i)   was used in relation to the information; and

  (ii)   was designed to make the information unintelligible or meaningless to persons who are not authorised to obtain the information;

    the likelihood that the persons, or the kinds of persons, who:

  (iii)   have obtained, or who could obtain, the information; and

  (iv)   have, or are likely to have, the intention of causing harm to any of the individuals to whom the information relates;

    have obtained, or could obtain, information or knowledge required to circumvent the security technology or methodology;

  (i)   the nature of the harm;

  (j)   any other relevant matters.

Note:   If the security technology or methodology mentioned in paragraph   (h) is encryption, an encryption key is an example of information required to circumvent the security technology or methodology.