PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 3 - Credit providers  

Subdivision E - Integrity of credit information and credit eligibility information  

SECTION 21S   SECURITY OF CREDIT ELIGIBILITY INFORMATION  

21S(1)  
If a credit provider holds credit eligibility information, the provider must take such steps as are reasonable in the circumstances to protect the information:


(a) from misuse, interference and loss; and


(b) from unauthorised access, modification or disclosure.

21S(2)  
If:


(a) a credit provider holds credit eligibility information about an individual; and


(b) the provider no longer needs the information for any purpose for which the information may be used or disclosed by the provider under this Division; and


(c) the provider is not required by or under an Australian law, or a court/tribunal order, to retain the information;

the provider must take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

Civil penalty: 1,000 penalty units.

21S(3)  
If a credit provider is an APP entity, Australian Privacy Principle 11 does not apply to the provider in relation to credit eligibility information.




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