PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 4 - Affected information recipients  

Subdivision B - Dealing with regulated information  

SECTION 22E   USE OR DISCLOSURE OF INFORMATION BY CREDIT MANAGERS ETC.  

Prohibition on use or disclosure

22E(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

22E(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

22E(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

22E(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.

22E(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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