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PRIVACY ACT 1988 - SECT 20K No use or disclosure of credit reporting information during a ban period

PRIVACY ACT 1988 - SECT 20K

No use or disclosure of credit reporting information during a ban period

  (1)   If:

  (a)   a credit reporting body holds credit reporting information about an individual; and

  (b)   the individual believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud); and

  (c)   the individual requests the body not to use or disclose the information under this Division;

then, despite any other provision of this Division, the body must not use or disclose the information during the ban period for the information.

Civil penalty:   2,000 penalty units.

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

  (a)   the individual expressly consents, in writing, to the use or disclosure of the credit reporting information under this Division; or

  (b)   the use or disclosure of the credit reporting information is required by or under an Australian law or a court/tribunal order.

Ban period

  (3)   The ban period for credit reporting information about an individual is the period that:

  (a)   starts when the individual makes a request under paragraph   (1)(c); and

  (b)   ends:

  (i)   21 days after the day on which the request is made; or

  (ii)   if the period is extended under subsection   (4)--on the day after the extended period ends.

  (4)   If:

  (a)   there is a ban period for credit reporting information about an individual that is held by a credit reporting body; and

  (b)   before the ban period ends, the individual requests the body to extend that period; and

  (c)   the body believes on reasonable grounds that the individual has been, or is likely to be, a victim of fraud (including identity fraud);

the body must:

  (d)   extend the ban period by such period as the body considers is reasonable in the circumstances; and

  (e)   give the individual written notification of the extension.

Civil penalty:   1,000 penalty units.

  (5)   A ban period for credit reporting information may be extended more than once under subsection   (4).

No charge for request etc.

  (6)   If an individual makes a request under paragraph   (1)(c) or (4)(b), a credit reporting body must not charge the individual for the making of the request or to give effect to the request.