Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 20H

Use or disclosure by credit reporting bodies

  (1)   If a credit reporting body makes a pre - screening assessment in relation to direct marketing by, or on behalf of, a credit provider, the body must not use or disclose the assessment.

Civil penalty:   2,000 penalty units.

  (2)   Subsection   (1) does not apply if:

  (a)   the credit reporting body discloses the pre - screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider; and

  (b)   the recipient of the assessment is an entity (other than the provider) that has an Australian link.

  (3)   If the credit reporting body discloses the pre - screening assessment under subsection   (2), the body must make a written note of that disclosure.

Civil penalty:   500 penalty units.

Use or disclosure by recipients

  (4)   If the credit reporting body discloses the pre - screening assessment under subsection   (2), the recipient must not use or disclose the assessment.

Civil penalty:   1,000 penalty units.

  (5)   Subsection   (4) does not apply if the recipient uses the pre - screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider.

  (6)   If the recipient uses the pre - screening assessment under subsection   (5), the recipient must make a written note of that use.

Civil penalty:   500 penalty units.

Interaction with the Australian Privacy Principles

  (7)   If the recipient is an APP entity, Australian Privacy Principles   6, 7 and 8 do not apply to the recipient in relation to a pre - screening assessment.