Privacy Act 1988, section 100(1A): what the Minister must be satisfied of before prescribing a country (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 100(1A))
A country can be prescribed only if its laws are at least substantially similar to the APPs and individuals can enforce them. This is the test a listing of the US would have to meet.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“the Minister must be satisfied that: (a) the laws of the country, or the binding scheme, has the effect of protecting personal information about an individual in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and (b) there are mechanisms that the individual can access to take action to enforce that protection.”
Where it was read
Also read from the same source
- Privacy Act 1988, Schedule 1, APP 6.1 and 6.2(a): use or disclosure for a secondary purpose (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 6.1, 6.2(a))
- Privacy Act 1988, Schedule 1, APP 8.1 and 8.2(b): disclosure to an overseas recipient (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.1, 8.2(b))
- Privacy Act 1988, Schedule 1, APP 8.3: disclosure to a prescribed country or binding scheme (in force from 11 December 2024) (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), Sch 1, APP 8.3)
- Privacy Act 1988, section 16C: the holder is accountable for the overseas recipient's breaches (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 16C(2))
- Privacy Act 1988, section 6(1): definition of de-identified (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 6(1) (definition of de-identified))
- Privacy Act 1988, section 6D: a small business that discloses personal information for a benefit loses the exemption (Privacy Act 1988 (Cth), Compilation No. 104 (4 June 2026), s. 6D(1), (4)(c), (7))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide