PRIVACY ACT 1988 - SECT 20F Permitted CRB disclosures in relation to individuals
PRIVACY ACT 1988 - SECT 20F
Permitted CRB disclosures in relation to individuals(1) A disclosure by a credit reporting body of credit reporting information about an individual is a permitted CRB disclosure in relation to the individual if:
(a) the disclosure is to an entity that is specified in an item of the table and that has an Australian link; and
(b) such conditions as are specified for the item are satisfied.
Item | If the disclosure is to ... | the condition or conditions are ... |
1 | the provider requests the information for a consumer credit related purpose of the provider in relation to the individual. | |
2 | (a) the provider requests the information for a commercial credit related purpose of the provider in relation to a person; and (b) the individual expressly consents to the disclosure of the information to the provider for that purpose. | |
3 | (a) the provider requests the information for a credit guarantee purpose of the provider in relation to the individual; and (b) the individual expressly consents, in writing, to the disclosure of the information to the provider for that purpose. | |
4 | the credit reporting body is satisfied that the provider, or another credit provider, believes on reasonable grounds that the individual has committed a serious credit infringement. | |
5 | (a) the credit reporting body holds consumer credit liability information that relates to consumer credit provided by the provider to the individual; and (b) the consumer credit has not been terminated, or has not otherwise ceased to be in force. | |
6 | a credit provider under subsection 6J(1) | the provider requests the information for a securitisation related purpose of the provider in relation to the individual. |
7 | the insurer requests the information for a mortgage insurance purpose of the insurer in relation to the individual. | |
8 | (a) the insurer requests the information for a trade insurance purpose of the insurer in relation to the individual; and (b) the individual expressly consents, in writing, to the disclosure of the information to the insurer for that purpose. | |
(2) The consent of the individual under paragraph (b) of item 2 of the table in subsection (1) must be given in writing unless:
(a) the credit provider referred to in that item requests the information for the purpose of assessing an application for commercial credit made by a person to the provider; and
(b) the application has not been made in writing.