Section 26WCPrivacy Act 1988 (Cth)

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.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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