PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 3 - Credit providers  

Subdivision F - Access to, and correction of, information  

SECTION 21W   NOTICE OF CORRECTION ETC. MUST BE GIVEN  

21W(1)  
This section applies if an individual requests a credit provider to correct personal information under subsection 21V(1) . Notice of correction etc.

21W(2)  
If the credit provider corrects personal information about the individual under subsection 21V(2) , the provider must, within a reasonable period:


(a) give the individual written notice of the correction; and


(b) if the provider consulted an interested party under subsection 21V(3) about the individual ' s request - give the party written notice of the correction; and


(c) if the correction relates to information that the provider has previously disclosed under:


(i) this Division (other than subsection 21V(4) ); or

(ii) the Australian Privacy Principles (other than Australian Privacy Principle 4.2);
give each recipient of the information written notice of the correction.

21W(3)  
If the credit provider does not correct the personal information under subsection 21V(2) , the provider must, within a reasonable period, give the individual written notice that:


(a) states that the correction has not been made; and


(b) sets out the provider ' s reasons for not correcting the information (including evidence substantiating the correctness of the information); and


(c) states that, if the individual is not satisfied with the response to the request, the individual may:


(i) access a recognised external dispute resolution scheme of which the provider is a member; or

(ii) make a complaint to the Commissioner under Part V .
Exceptions

21W(4)  
Paragraph (2)(c) does not apply if it is impracticable for the credit provider to give the notice under that paragraph.

21W(5)  
Subsection (2) or (3) does not apply if the credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notice under that subsection.




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