Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 18F

             (1)  A credit reporting agency must delete from an individual's credit information file maintained by the credit reporting agency any personal information of a kind referred to in paragraph 18E(1)(b) or (ba) within 1 month after the end of the maximum permissible period for the keeping of personal information of that kind.

             (2)  For the purposes of subsection (1), the maximum permissible periods for the keeping of personal information of the kind referred to in paragraph 18E(1)(b) are as follows:

                     (a)  in the case of information of a kind referred to in subparagraph (i), (ia), (ii), (iii) or (iv) of that paragraph--the period of 5 years commencing on the day on which the credit report concerned was sought;

                     (b)  in the case of information of a kind referred to in subparagraph (v) of that paragraph--the period of 14 days commencing on the day on which the credit reporting agency is notified under subsection (5) that the credit provider concerned is no longer a current credit provider in relation to the individual concerned;

                     (c)  in the case of information of a kind referred to in subparagraph (vi) of that paragraph--the period of 5 years commencing on the day on which the credit reporting agency was informed of the overdue payment concerned;

                     (d)  in the case of information of a kind referred to in subparagraph (vii) of that paragraph--the period of 5 years commencing on the day on which the second dishonouring of the cheque occurred;

                     (e)  in the case of information of a kind referred to in subparagraph (viii) of that paragraph--the period of 5 years commencing on the day on which the court judgment concerned was made;

                      (f)  in the case of information of a kind referred to in subparagraph (ix) of that paragraph--the period of 7 years commencing on the day on which the bankruptcy order concerned was made;

                     (g)  in the case of information of a kind referred to in subparagraph (x) of that paragraph--the period of 7 years commencing on the day on which the information was included in the credit information file concerned.

          (2A)  For the purposes of subsection (1), the maximum permissible period for the keeping of personal information of the kind referred to in paragraph 18E(1)(ba) is the period of 5 years beginning on the day when the credit reporting agency is informed of the overdue payment concerned.

             (3)  Where:

                     (a)  a credit reporting agency has been given information that an individual is overdue in making a payment in respect of credit provided by a credit provider; and

                     (b)  the individual ceases to be overdue in making the payment or contends that he or she is not overdue in making the payment;

the credit provider must, as soon as practicable, inform the credit reporting agency that the individual has ceased to be overdue in making the payment, or contends that he or she is not overdue in making the payment, as the case may be.

             (4)  On being informed that the individual is no longer overdue in making the payment, or that the individual contends that he or she is not overdue in making the payment, the credit reporting agency must include in the individual's credit information file a note to that effect.

             (5)  Where a credit provider ceases to be a current credit provider in relation to an individual, the credit provider must, as soon as practicable, notify that fact to any credit reporting agency that was previously informed that the credit provider was a current credit provider in relation to the individual.