Privacy Act 1988

PART IIIA - CREDIT REPORTING  

Division 2 - Credit reporting bodies  

Subdivision D - Dealing with credit reporting information etc.  

SECTION 20H   USE OR DISCLOSURE OF PRE-SCREENING ASSESSMENTS  

Use or disclosure by credit reporting bodies

20H(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.

20H(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.

20H(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

20H(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.

20H(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.

20H(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

20H(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.