Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 21M

Permitted CP disclosures to debt collectors

  (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)   the disclosure is to a person or body that carries on a business or undertaking that involves the collection of debts on behalf of others; and

  (c)   the information is disclosed to the person or body for the primary purpose of the person or body collecting payments that are overdue in relation to:

  (i)   consumer credit provided by the provider to the individual; or

  (ii)   commercial credit provided by the provider to a person; and

  (d)   the information is information of a kind referred to in subsection   (2).

Note:   See section   21NA for additional rules about the disclosure of credit eligibility information under this subsection.

  (2)   The information for the purposes of paragraph   (1)(d) is:

  (a)   identification information about the individual; or

  (b)   court proceedings information about the individual; or

  (c)   personal insolvency information about the individual; or

  (d)   if subparagraph   (1)(c)(i) applies--default information about the individual if:

  (i)   the information relates to a payment that the individual is overdue in making in relation to consumer credit that has been provided by the credit provider to the individual; and

  (ii)   the provider does not hold, or has not held, payment information about the individual that relates to that overdue payment.



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