Telecommunications (Integrated Public Number Database Scheme – Conditions for Authorisations) Determination 2017 (Cth)

Telecommunications (Integrated Public Number Database Scheme – Conditions for Authorisations) Determination 2017

I, MITCH FIFIELD, Minister for Communications, make the following instrument.

Dated 18 July 2017

MITCH FIFIELD Minister for Communications

Contents 1 Name 2 Commencement 3 Authority 4 Definitions 5 Schedules 6 Cross-border disclosure of protected information 7 Safeguarding protected information 8 Addressing breaches of security 9 Notification of breaches by others 10 Secure disposal of protected information after use 11 Public number directory publishers 12 Researchers Schedule 1—Repeals Telecommunications (Integrated Public Number Database Scheme – Conditions for Authorisations) Determination 2007 (No. 1)

1 Name This instrument is the Telecommunications (Integrated Public Number Database Scheme – Conditions for Authorisations) Determination 2017.

2 Commencement This instrument commences on the day after this instrument is registered.

3 Authority This instrument is made under section 295P of the Telecommunications Act 1997.

4 Definitions In this instrument: Act means the Telecommunications Act 1997. contractor means a person who performs services for and on behalf of the holder of a public number directory authorisation or a research authorisation but does not include a person who performs such services in the capacity of an employee of the holder. customer means a person who is supplied with a carriage service by a carriage service provider. customer data has the same meaning as in the Telecommunications Integrated Public Number Database Scheme 2017. directory address means the information contained in the designated directory address fields in the integrated public number database. directory finding name means the information contained in the designated finding name fields in the integrated public number database. integrated public number database has the meaning given by subsection 285(2) of the Act. integrated public number database scheme means the scheme in force under section 295A of the Act. IPND Manager means the person who maintains the integrated public number database from time to time. Australian Privacy Principles has the same meaning as in the Privacy Act 1988. protected information means information or a document disclosed under subsection 285(1A) of the Act for a purpose covered by: (a) subparagraph 285(1A)(c)(ii) of the Act; or (b) subparagraph 285(1A)(c)(iv) of the Act. public number has the meaning given by subsection 285(2) of the Act. public number directory has the meaning given by subsection 285(2) of the Act. public number directory authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(ii) of the Act. research authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(iv) of the Act. Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following: (a) ACMA; (b) carriage service; (c) carriage service providers. (2) For the purposes of this instrument, protected information is taken to be transferred to someone who is in a foreign country when it becomes accessible to the intended recipient of the information in the foreign country. Note: Section 6 of this instrument deals with transborder data flows. It is not intended to capture temporary offshoring of data such as when a document is emailed between two points within Australia but because of Internet routing it travels overseas on the way to its destination.