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Personal Information and
Privacy |
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AILCD values and protects your personal information and privacy
in accordance with the National Privacy Principles as specified
in the Privacy Amendment (Private Sector) Act (2000). These
principles have been summarized here as follows: |
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| 1.Collection |
| 1.1. |
AILCD will only collect, by lawful and fair
means, personal information that is required in order
to provide its Services. When collecting such information,
AILCD will provide you with the required notices concerning
the collecting organization, your ability to access the
information, the reasons for collecting such information,
the organizations to which we disclose the information,
any law requiring collection of the information, and any
consequences (if any) for the individual if all or part
of the information is not provided. |
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| 2.Use and disclosure |
| 2.1. |
AILCD will only use or disclose personal
information for the Primary Purpose of collection unless: |
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2.1.1. |
The secondary purpose is clearly
related to the primary purpose of collection and the individual
would reasonably expect AILCD to use or disclose the information
for the secondary purpose |
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2.1.2. |
The individual has consented
to the use or disclosure |
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2.1.3. |
The information is not sensitive information
and is being used for the secondary purpose of direct
marketing without disclosure or identity of the person
and therefore: |
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2.1.3.1. |
It is impracticable for AILCD
to seek the individual's consent before that particular
use; and |
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2.1.3.2. |
AILCD will not charge the individual for
giving effect to a request by the individual to the organization
not to receive direct marketing communications; and |
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2.1.3.3. |
The individual has not made a request to
AILCD not to receive direct marketing communications;
and |
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2.1.3.4. |
In each direct marketing communication
by AILCD with the individual, AILCD will provide a prominent
notice that he or she may express a wish not to receive
any further direct marketing communications; and |
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2.1.3.5. |
Each written direct marketing communication
by AILCD with the individual will include AILCD's business
address, telephone number, fax and email address |
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2.1.4.. |
If the information is health information
and the use or disclosure is necessary for research, or
the compilation or analysis of statistics, relevant to
public health or public safety: |
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2.1.4.1. |
It is impracticable for AILCD
to seek the individual’s consent before use or disclosure;
and |
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2.1.4.2. |
The use or disclosure is conducted in accordance
with guidelines approved by the Commissioner under section
95A for the purposes of this subparagraph; and |
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2.1.4.3. |
In the case of disclosure —AILCD
reasonably believes that the recipient of the health information
will not disclose the health information, or personal
information derived from the health information; or |
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2.1.5. |
AILCD reasonably believes that the use or
disclosure is necessary to lessen or prevent: |
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2.1.5.1. |
A serious and imminent threat
to an individual’s life, health or safety; or |
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2.1.5.2. |
A serious threat to public health or public
safety; or |
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2.1.6. |
AILCD has reason to suspect
that unlawful activity has been, is being or may be engaged
in, and uses or discloses the personal information as
a necessary part of its investigation of the matter or
in reporting its concerns to relevant persons or authorities;
or |
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2.1.7.. |
The use or disclosure is required
or authorized by or under law; or |
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2.1.8.. |
AILCD reasonably believes that the use or
disclosure is reasonably necessary for one or more of
the following by or on behalf of an enforcement body: |
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2.1.8.1. |
the prevention, detection,
investigation, prosecution or punishment of criminal offences,
breaches of a law imposing a penalty or sanction or breaches
of a prescribed law; |
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2.1.8.2 |
the enforcement of laws relating to the
confiscation of the proceeds of crime; |
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2.1.8.3 |
the protection of the public revenue; |
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2.1.8.4 |
the prevention, detection, investigation
or remedying of seriously improper conduct or prescribed
conduct; |
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2.1.8.5 |
the preparation for, or conduct of, proceedings
before any court or tribunal, or implementation of the
orders of a court or tribunal. |
| 2.2. |
If AILCD uses or discloses personal information
under paragraph 2.1.8, we will make and keep a written
note of the use or disclosure. |
| 2.3. |
Subclause 2.1 operates in relation to personal
information that an organization that is a body corporate
has collected from a related body corporate as if the
organizations primary purpose of collection of the information
were the primary purpose for which the related body corporate
collected the information. |
| 2.4. |
Despite subclauses 2.1.1-2.1.8, AILCD may
disclose health information about the individual to a
person who is responsible for the individual if: |
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2.4.1. |
the individual: |
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2.4.1.1. |
is physically or legally incapable of giving
consent to the disclosure; or |
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2.4.1.2. |
physically cannot communicate consent to
the disclosure; and |
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2.4.2. |
a natural person (the carer)
providing the health service for the organisation is satisfied
that either: |
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2.4.2.1. |
the disclosure is necessary to provide
appropriate care or treatment of the individual; or |
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2.4.2.2. |
the disclosure is made for compassionate
reasons; and |
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2.4.3. |
the disclosure is not contrary
to any wish: |
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2.4.3.1. |
expressed by the individual before the
individual became unable to give or communicate consent;
and |
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2.4.3.2. |
of which the carer is aware, or of which
the carer could reasonably be expected to be aware; and |
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2.4.4. |
the disclosure is limited to
the extent reasonable and necessary for a purpose mentioned
in paragraph 2.10.2. |
| 2.5. |
For the purposes of subclause 2.4 a person
is responsible for an individual if the person is: |
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2.5.1. |
a parent of the individual;
or |
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2.5.2. |
a child or sibling of the individual
and at least 18 years old; or |
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2.5.3. |
spouse or de facto spouse
of the individual; or |
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2.5.4. |
a relative of the individual,
at least 18 years old and a member of the individual's
household; or |
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2.5.5. |
a guardian of the individual;
or |
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25.6. |
exercising an enduring power
of attorney granted by the individual that is exercisable
in relation to decisions about the individual's health;
or |
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2.5.7. |
a person who has an intimate
personal relationship with the individual; or |
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2.5.8. |
a person nominated by the individual
to be contacted in case of emergency. |
| 2.6. |
In subclause 2.5: |
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2.6.1. |
child of an individual includes
an adopted child, a step-child and a foster-child, of
the individual. |
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2.6.2. |
parent of an individual includes
a step-parent, adoptive parent and a foster-parent, of
the individual. |
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2.6.3. |
relative of an individual means
a grandparent, grandchild, uncle, aunt, nephew or niece,
of the individual. |
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2.6.4. |
sibling of an individual includes
a half-brother, half-sister, adoptive brother, adoptive
sister, step-brother, step-sister, foster-brother and
foster-sister, of the individual. |
| 2.7. |
In order to provide our clients
with the Services associated with the primary purpose
of collection (such as the purpose of providing cognitive
reports and interpretations), AILCD discloses personal
information collected to Australian Cognitive Testing
& Research (ACTR) as ACTR is the sole provider of
these services. ACTR will keep all such personal information
disclosed to it by AILCD in accordance with the principles
outlined in this document. Note: both companies are licenced
to use the IP of Denis Jenkins. |
3.Data quality |
| 3.1. |
AILCD will take
all reasonable steps to ensure personal information used
or disclosed is accurate, complete and up-to-date. |
4.Data security |
| 4.1. |
AILCD will take
all reasonable steps to protect your information from
misuse, loss, unauthorized access, modification or disclosure.
When personal information is no longer needed for any
purpose under National Privacy Principle 2, AILCD will
take reasonable steps to destroy or permanently de-identify
personal information.
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5.Openness |
| 5.1. |
AILCD’s Privacy
Policy sets out our management of personal information
and is available from the links at the bottom of our Site.
If requested by the individual or any other authorized
person, AILCD will provide a summary of the kinds of personal
information we hold, and for what purposes, and how we
collect, hold, use and disclose personal information.
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| 6.Access and correction |
| 6.1. |
AILCD will provide you with access to your
own personal information on request except to the extent
that: |
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6.1.1. |
in the case of personal information
other than health information—providing access would
pose a serious and imminent threat to the life or health
of any individual; or |
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6.1.2. |
in the case of health information—providing
access would pose a serious threat to the life or health
of any individual; or |
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6.1.3. |
providing access would have an unreasonable
impact upon the privacy of other individuals; or |
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6.1.4. |
the request for access is frivolous
or vexatious; or |
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6.1.5. |
the information relates to
existing or anticipated legal proceedings between AILCD
and the individual, and the information would not be accessible
by the process of discovery in those proceedings; or |
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6.1.6. |
providing access would reveal
the intentions of AILCD in relation to negotiations with
the individual in such a way as to prejudice those negotiations;
or |
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6.1.7. |
providing access would be unlawful;
or |
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6.1.8. |
denying access is required
or authorised by or under law; or |
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6.1.9. |
providing access would be likely
to prejudice an investigation of possible unlawful activity;
or |
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6.1.10. |
providing access would be likely
to prejudice: |
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6.1.10.1. |
the prevention, detection,
investigation, prosecution or punishment of criminal offences,
breaches of a law imposing a penalty or sanction or breaches
of a prescribed law; or |
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6.1.10.2. |
the enforcement of laws relating to the
confiscation of the proceeds of crime; or |
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6.1.10.3. |
the protection of the public revenue; or |
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6.1.10.4. |
the prevention, detection, investigation
or remedying of seriously improper conduct or prescribed
conduct; or |
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6.1.10.5. |
the preparation for, or conduct of, proceedings
before any court or tribunal, or implementation of its
orders; by or on behalf of an enforcement body; or |
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6.1.11. |
an enforcement body performing a lawful
security function asks AILCD not to provide access to
the information on the basis that providing access would
be likely to cause damage to the security of Australia. |
| 6.2. |
However, where providing access would reveal
evaluative information generated within AILCD in connection
with a commercially sensitive decision-making process,
AILCD may give the individual an explanation for the commercially
sensitive decision rather than direct access to the information. |
| 6.3. |
If AILCD is not required to provide the
individual with access to the information because of one
or more of paragraphs 6.1.1 to 6.1.11 (inclusive), AILCD
will, if reasonable, consider whether the use of mutually
agreed intermediaries would allow sufficient access to
meet the needs of both parties. |
| 6.4. |
If AILCD charges for providing access to
personal information, those charges will not be excessive;
and will not apply to lodging a request for access. |
| 6.5. |
If AILCD holds personal information about
an individual and the individual is able to establish
that the information is not accurate, complete and up-to-date,
AILCD will take reasonable steps to correct the information
so that it is accurate, complete and up-to-date. |
| 6.6. |
If the individual and AILCD disagree about
whether the information is accurate, complete and up-to-date,
and the individual asks AILCD to associate a statement
with the information claiming that the information is
not accurate, complete or up-to-date, AILCD will take
reasonable steps to do so. |
| 6.7. |
AILCD will provide reasons for denial of
access or a refusal to correct personal information. |
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7.Identifiers |
| 7.1. |
AILCD will not adopt as its own identifier (“identifier”
includes a number assigned by an organization to an individual
to uniquely identify the individual for the purposes of
the organization’s operations; the individual’s
name or ABN are not identifiers) of an individual an identifier
assigned to an individual by an agency, agent of such
an agency, or a contracted service provider for a Commonwealth
contract. |
| 7.2. |
AILCD will not use or disclose an identifier
assigned to an individual by an agency, agent of such
an agency, or a contracted service provider for a Commonwealth
contract unless: |
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7.2.1. |
the use or disclosure is necessary
for AILCD to fulfill its obligations to the agency; or |
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7.2.2. |
one of more of paragraphs 2.1.5
to 2.1.8 (inclusive) apply to the use or disclosure; or |
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7.2.3. |
the use or disclosure is by
a prescribed organization of a prescribed identifier in
prescribed circumstances. |
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7.2.4. |
Note: Prerequisites must be
satisfied before the matters in paragraph 7.2.3 are prescribed:
see subsection 100(2) |
| 7.3. |
In this clause: Identifier includes a number
assigned by an organization to an individual to identify
uniquely the individual for the purposes of the organisation’s
operations. However, an individual’s name or ABN
is not an identifier. |
8.Anonymity |
| 8.1. |
AILCD will, whenever lawful and practicable,
provide individuals with the option of not identifying
themselves when entering transactions with AILCD. |
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| 9.Transborder data flows |
| 9.1. |
AILCD will only transfer personal
information to someone in a foreign country if: |
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9.1.1. |
AILCD reasonably believes that
the recipient will uphold principles for fair handling
of the information that are substiantially similar to
the National Privacy Principles; or |
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9.1.2. |
the individual consents to
the transfer; or |
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9.1.3. |
the transfer is necessary for
AILCD to perform a contract between it and the individual,
or for AILCD to implement pre-contractual measures taken
in response to the individual’s request; or |
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9.1.4. |
the transfer is necessary for
the conclusion or performance of a contract concluded
in the interest of the individual between AILCD and a
third party; or |
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9.1.5. |
all of the following apply: |
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9.1.5.1. |
the transfer is for the benefit
of the individual; |
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9.1.5.2. |
it is impracticable to obtain the consent
of the individual to that transfer; |
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9.1.5.3. |
if it were practicable to obtain such consent,
the individual would be likely to give it; or |
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9.1.6. |
AILCD has taken reasonable steps to ensure
that the information which we have transferred will not
be held, used or disclosed by the recipient of the information
inconsistently with the National Privacy Principles.
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| 10.Sensitive information |
| 10.1. |
AILCD only collects sensitive
information about an individual when: |
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10.1.1. |
the individual has consented;
or |
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10.1.2. |
the collection is required
by law; or |
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10.1.3. |
the collection is necessary
to prevent or lessen a serious and imminent threat to
the life or health of any individual, where the individual
whom the information concerns: |
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10.1.3.1. |
is physically or legally incapable
of giving consent to the collection; or |
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10.1.3.2. |
physically cannot communicate consent to
the collection; or |
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10.1.4. |
the collection is necessary
for the establishment, exercise or defence of a legal
or equitable claim. |
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10.1.5. |
If AILCD or one of its subsidiaries
becomes a non-profit organization, information collected
in the course of activities will |
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10.1.5.1. |
relate solely to the members
of the organization or to individuals who have regular
contact with it in connection with its activities; |
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10.1.5.2. |
indicate, at or before collecting the information,
to the individual whom the information concerns that the
organization will not disclose the information without
the individual’s consent; or |
| 10.2. |
Despite clause 10.1 above,
AILCD may collect health information about an individual
if: |
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10.2.1. |
the information is necessary
to provide a health service to the individual; and |
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10.2.2. |
the information is collected: |
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10.2.2.1. |
as required by law (other than
this Act); or |
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10.2.2.2. |
in accordance with rules established
by competent health or medical bodies that deal with obligations
of professional confidentiality which bind the organization. |
| 10.3. |
Despite clause 10.1 above,
AILCD may collect health information about an individual
if: |
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10.3.1. |
The collection is necessary
for any of the following purposes: |
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10.3.1.1. |
research relevant to public
health or public safety; |
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10.3.1.2. |
the compilation or analysis
of statistics relevant to public health or public safety; |
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10.3.1.3. |
the management, funding or
monitoring of a health service; and |
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10.3.2. |
that purpose cannot be served
by the collection of information that does not identify
the individual or from which the individual’s identity
cannot reasonably be ascertained; and |
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10.3.3. |
it is impracticable for AILCD
to seek the individual’s consent to the collection;
and |
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10.3.4. |
the information is collected: |
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10.3.4.1. |
as required by law (other than
this Act); or |
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10.3.4.2. |
in accordance with rules established
by competent health or medical bodies that deal with obligations
of professional confidentiality which bind the organization;
or |
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10.3.4.3. |
in accordance with guidelines
approved by the Commissioner under section 95A for the
purposes of this subparagraph. |
| 10.4. |
If AILCD collects health information
about an individual in accordance with clause 10.3 above,
AILCD will take reasonable steps to permanently de-identify
the information before AILCD discloses it. |
| 10.5. |
In this clause: non-profit
organization means a non-profit organization that has
only racial, ethnic, political, religious, philosophical,
professional, trade, or trade union aims.
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