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Principle 10 means that organisations can generally only use personal information for the purpose it was collected, and there are limits using personal information for different purposes.
Sometimes other uses are allowed, such as use that is directly related to the original purpose, or if the person in question gives their permission for their information to be used in a different way.
Further information
Case notes
Privacy Act 2020 reference
| Information privacy principle 10 | |||
| Limits on use of personal information | |||
| (1) |
An agency that holds personal information that was obtained in connection with one purpose may not use the information for any other purpose unless the agency believes, on reasonable grounds,— |
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| (a) |
that the purpose for which the information is to be used is directly related to the purpose in connection with which the information was obtained; or |
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| (b) |
that the information— |
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| (i) |
is to be used in a form in which the individual concerned is not identified; or |
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| (ii) |
is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or |
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| (c) |
that the use of the information for that other purpose is authorised by the individual concerned; or |
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| (d) |
that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information; or |
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| (e) |
that the use of the information for that other purpose is necessary— |
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| (i) |
to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or |
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| (ii) |
for the enforcement of a law that imposes a pecuniary penalty; or |
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| (iii) |
for the protection of public revenue; or |
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| (iv) |
for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or |
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| (f) |
that the use of the information for that other purpose is necessary to prevent or lessen a serious threat to— |
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| (i) |
public health or public safety; or |
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| (ii) |
the life or health of the individual concerned or another individual. |
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| (2) |
In addition to the uses authorised by subclause (1), an intelligence and security agency that holds personal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose) if the agency believes on reasonable grounds that the use of the information for the secondary purpose is necessary to enable the agency to perform any of its functions. |
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