PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 4 - Affected information recipients  

Subdivision B - Dealing with regulated information  

SECTION 22F   USE OR DISCLOSURE OF INFORMATION BY ADVISERS ETC.  

Prohibition on use or disclosure

22F(1)  
If:


(a) any of the following (the recipient ) holds or held credit eligibility information about an individual:


(i) an entity;

(ii) a professional legal adviser of the entity;

(iii) a professional financial adviser of the entity; and


(b) the information was disclosed to the recipient by a credit provider under subsection 21N(2) ;

the recipient must not use or disclose the information, or any personal information about the individual derived from that information.

Civil penalty: 1,000 penalty units.

Permitted uses

22F(2)  
Subsection (1) does not apply to the use of the information if:


(a) for a recipient that is the entity - the information is used for a matter referred to in subsection 21N(3) ; or


(b) for a recipient that is the professional legal adviser, or professional financial adviser, of the entity - the information is used:


(i) in the adviser ' s capacity as an adviser of the entity; and

(ii) in connection with advising the entity about a matter referred to in subsection 21N(3) ; or


(c) the use is required or authorised by or under an Australian law or a court/tribunal order. Permitted disclosure

22F(3)  
Subsection (1) does not apply to the disclosure of the information if the disclosure is required or authorised by or under an Australian law or a court/tribunal order. Interaction with the Australian Privacy Principles

22F(4)  
If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to the information.

22F(5)  
If:


(a) the recipient is an APP entity; and


(b) the information is a government related identifier of the individual;

Australian Privacy Principle 9.2 does not apply to the recipient in relation to the information.




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