Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 22F

Prohibition on use or disclosure

  (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

  (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

  (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

  (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.

  (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.