PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 2 - Credit reporting bodies  

Subdivision D - Dealing with credit reporting information etc.  

SECTION 20F   PERMITTED CRB DISCLOSURES IN RELATION TO INDIVIDUALS  

20F(1)  
A disclosure by a credit reporting body of credit reporting information about an individual is a permitted CRB disclosure in relation to the individual if:


(a) the disclosure is to an entity that is specified in an item of the table and that has an Australian link; and


(b) such conditions as are specified for the item are satisfied.


Permitted CRB disclosures
Item If the disclosure is to ... the condition or conditions are ...
1 a credit provider the provider requests the information for a consumer credit related purpose of the provider in relation to the individual.
2 a credit provider (a) the provider requests the information for a commercial credit related purpose of the provider in relation to a person; and
(b) the individual expressly consents to the disclosure of the information to the provider for that purpose.
3 a credit provider (a) the provider requests the information for a credit guarantee purpose of the provider in relation to the individual; and
(b) the individual expressly consents, in writing, to the disclosure of the information to the provider for that purpose.
4 a credit provider the credit reporting body is satisfied that the provider, or another credit provider, believes on reasonable grounds that the individual has committed a serious credit infringement.
5 a credit provider (a) the credit reporting body holds consumer credit liability information that relates to consumer credit provided by the provider to the individual; and
(b) the consumer credit has not been terminated, or has not otherwise ceased to be in force.
6 a credit provider under subsection 6J(1) the provider requests the information for a securitisation related purpose of the provider in relation to the individual.
7 a mortgage insurer the insurer requests the information for a mortgage insurance purpose of the insurer in relation to the individual.
8 a trade insurer (a) the insurer requests the information for a trade insurance purpose of the insurer in relation to the individual; and
(b) the individual expressly consents, in writing, to the disclosure of the information to the insurer for that purpose.

20F(2)  
The consent of the individual under paragraph (b) of item 2 of the table in subsection (1) must be given in writing unless:


(a) the credit provider referred to in that item requests the information for the purpose of assessing an application for commercial credit made by a person to the provider; and


(b) the application has not been made in writing.




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