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PRIVACY ACT 1988 - SECT 22E

Use or disclosure of information by credit managers etc.

Prohibition on use or disclosure

  (1)   If:

  (a)   a person holds or held credit eligibility information about an individual; and

  (b)   the information was disclosed to the person by a credit provider under paragraph   21G(3)(c);

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

Civil penalty:   1,000 penalty units.

Permitted uses

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

  (a)   the person uses the information for the purpose for which it was disclosed to the person under paragraph   21G(3)(c); or

  (b)   the use is required or authorised by or under an Australian law (other than the consumer data rules) or a court/tribunal order.

Permitted disclosure

  (3)   Subsection   (1) does not apply to the disclosure of the information if:

  (a)   the disclosure is to the credit provider; or

  (b)   the disclosure is required or authorised by or under an Australian law (other than the consumer data rules) or a court/tribunal order.

Interaction with the Australian Privacy Principles

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

  (5)   If:

  (a)   the person 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 person in relation to the information.


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