46.60 The Commissioner and his or her staff and delegates are subject to criminal liability in some circumstances. It is an offence for the Commissioner or a member of his or her staff (present and past) to disclose, use or make a record of information acquired about a person in the performance of that role, other than to do something permitted or required by the Privacy Act. Such a person is not obliged to divulge or communicate that information except as required or permitted by the Privacy Act. Similar secrecy provisions are found in other federal legislation and state privacy legislation.
46.61 In DP 72, the ALRC noted that the OPC supported the retention of the above provisions. The OPC submitted that these were consistent with secrecy and non-disclosure provisions in other Commonwealth legislation. The ALRC has concluded that the current secrecy provisions are appropriate and has not made any recommendations on these matters. The liability of the Commissioner to criminal sanctions for disclosure of certain information is appropriate and the provisions, as noted above, are consistent with other relevant legislation.
Privacy Act 1988 (Cth) s 96(2), (4).
 See, eg, Ombudsman Act 1976 (Cth) ss 35, 35A; Migration Act 1958 (Cth) s 377; Privacy and Personal Information Protection Act 1998 (NSW) s 67; Information Privacy Act 2000 (Vic) s 67.
 Office of the Privacy Commissioner, Submission PR 215, 28 February 2007.
 This issue was not raised in submissions other than by the OPC.