PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 3 - Credit providers  

Subdivision D - Dealing with credit eligibility information etc.  

SECTION 21K   PERMITTED CP DISCLOSURES RELATING TO GUARANTEES ETC.  

Offer to act as a guarantor etc.

21K(1)  
A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if:


(a) either:


(i) the provider has provided credit to the individual; or

(ii) the individual has applied to the provider for credit; and


(b) the disclosure is to a person for the purpose of that person considering whether:


(i) to offer to act as a guarantor in relation to the credit; or

(ii) to offer property as security for the credit; and


(c) the person has an Australian link; and


(d) the individual expressly consents to the disclosure of the information to the person for that purpose.

21K(2)  
The consent of the individual under paragraph (1)(d) must be given in writing unless:


(a) if subparagraph (1)(a)(i) applies - the application for the credit was not made in writing; or


(b) if subparagraph (1)(a)(ii) applies - the application for the credit has not been made in writing. Guarantors etc.

21K(3)  
A disclosure by a credit provider of credit eligibility information about an individual is a permitted CP disclosure in relation to the individual if:


(a) the disclosure is to a person who:


(i) is a guarantor in relation to credit provided by the provider to the individual; or

(ii) has provided property as security for such credit; and


(b) the person has an Australian link; and


(c) either:


(i) the individual expressly consents to the disclosure of the information to the person; or

(ii) if subparagraph (a)(i) applies - the information is disclosed to the person for a purpose related to the enforcement, or proposed enforcement, of the guarantee.

21K(4)  
The consent of the individual under subparagraph (3)(c)(i) must be given in writing unless the application for the credit was not made in writing.




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