PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 2 - Credit reporting bodies  

Subdivision G - Dealing with credit reporting information after the retention period ends etc.  

SECTION 20Y   DESTRUCTION OF CREDIT REPORTING INFORMATION IN CASES OF FRAUD  

20Y(1)  
This section applies if:


(a) a credit reporting body holds credit reporting information about an individual; and


(b) the information relates to consumer credit that has been provided by a credit provider to the individual, or a person purporting to be the individual; and


(c) the body is satisfied that:


(i) the individual has been a victim of fraud (including identity fraud); and

(ii) the consumer credit was provided as a result of that fraud.
Destruction of credit reporting information

20Y(2)  
The credit reporting body must:


(a) destroy the credit reporting information; and


(b) within a reasonable period after the information is destroyed:


(i) give the individual a written notice that states that the information has been destroyed and sets out the effect of subsection (4); and

(ii) give the credit provider a written notice that states that the information has been destroyed.

Civil penalty: 1,000 penalty units.

20Y(3)  
Subsection (2) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the credit reporting information. Notification of destruction to third parties

20Y(4)  
If:


(a) a credit reporting body destroys credit reporting information about an individual under subsection (2); and


(b) the body has previously disclosed the information to one or more recipients under Subdivision D of this Division;

the body must, within a reasonable period after the destruction, notify those recipients of the destruction and the matters referred to in paragraph (1)(c).

Civil penalty: 500 penalty units.

20Y(5)  
Subsection (4) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notification.




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