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PRIVACY ACT 1988 - SECT 20H

Use or disclosure of pre-screening assessments

Use or disclosure by credit reporting bodies

             (1)  If a credit reporting body makes a pre-screening assessment in relation to direct marketing by, or on behalf of, a credit provider, the body must not use or disclose the assessment.

Civil penalty:          2,000 penalty units.

             (2)  Subsection (1) does not apply if:

                     (a)  the credit reporting body discloses the pre-screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider; and

                     (b)  the recipient of the assessment is an entity (other than the provider) that has an Australian link.

             (3)  If the credit reporting body discloses the pre-screening assessment under subsection (2), the body must make a written note of that disclosure.

Civil penalty:          500 penalty units.

Use or disclosure by recipients

             (4)  If the credit reporting body discloses the pre-screening assessment under subsection (2), the recipient must not use or disclose the assessment.

Civil penalty:          1,000 penalty units.

             (5)  Subsection (4) does not apply if the recipient uses the pre-screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider.

             (6)  If the recipient uses the pre-screening assessment under subsection (5), the recipient must make a written note of that use.

Civil penalty:          500 penalty units.

Interaction with the Australian Privacy Principles

             (7)  If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to a pre-screening assessment.



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