Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 21S

Security of credit eligibility information

  (1)   If a credit provider holds credit eligibility information, the provider must take such steps as are reasonable in the circumstances to protect the information:

  (a)   from misuse, interference and loss; and

  (b)   from unauthorised access, modification or disclosure.

  (2)   If:

  (a)   a credit provider holds credit eligibility information about an individual; and

  (b)   the provider no longer needs the information for any purpose for which the information may be used or disclosed by the provider under this Division; and

  (c)   the provider is not required by or under an Australian law, or a court/tribunal order, to retain the information;

the provider must take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de - identified.

Civil penalty:   1,000 penalty units.

  (3)   If a credit provider is an APP entity, Australian Privacy Principle   11 does not apply to the provider in relation to credit eligibility information.


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