Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 22C

Prohibition on use or disclosure

  (1)   If:

  (a)   a mortgage insurer or trade insurer holds or held personal information about an individual; and

  (b)   the information was disclosed to the insurer by a credit reporting body or credit provider under Division   2 or 3 of this Part;

the insurer must not use or disclose the information, or any personal information about the individual derived from that information.

Civil penalty:   2,000 penalty units.

Permitted uses

  (2)   Subsection   (1) does not apply to the use of the information if:

  (a)   for a mortgage insurer--the use is for:

  (i)   a mortgage insurance purpose of the insurer in relation to the individual; or

  (ii)   any purpose arising under a contract for mortgage insurance that has been entered into between the credit provider and the insurer; or

  (b)   for a trade insurer--the use is for a trade insurance purpose of the insurer in relation to the individual; or

  (c)   the use is required or authorised by or under an Australian law or a court/tribunal order.

Permitted disclosure

  (3)   Subsection   (1) does not apply to the disclosure of the information if the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Interaction with the Australian Privacy Principles

  (4)   If the mortgage insurer or trade insurer is an APP entity, Australian Privacy Principles   6, 7 and 8 do not apply to the insurer in relation to the information.

  (5)   If:

  (a)   the mortgage insurer or trade insurer is an APP entity; and

  (b)   the information is a government related identifier of the individual;

Australian Privacy Principle   9.2 does not apply to the insurer in relation to the information.