Victorian Consolidated Legislation

Introduction Agents Act 1997 - SECT 19

Use and protection of client information

19. Use and protection of client information



(1) In this section-

personal information means any information that a person gives about herself
or himself;

use includes disclosing, giving or selling the information to another person.

(2) An introduction agent must not use any personal information given to her,
him or it by a client or potential client for any purpose other than-

   (a)  to provide an introduction service in accordance with an introduction
        agreement between the agent and the client; or

   (b)  for a purpose that the person giving the information has agreed to in
        writing.

Penalty: 200 penalty units.

(3) An introduction agent must ensure that any personal information given to
her, him or it by a client or potential client is kept in a manner that
restricts access to the information to the agent, the agent's staff, any
person authorised by this Act or any other Act to have such access and any
person who is entitled to have such access under a relevant introduction
agreement.

Penalty: 200 penalty units.

(4) A person who has access to any personal information given to an
introduction agent by a client or potential client of that agent must not use
that information for any purpose other than-

   (a)  to provide an introduction service in accordance with an introduction
        agreement between the agent and the client; or

   (b)  a purpose that the person giving the information has agreed to in
        writing; or

   (c)  a purpose related to the enforcement of this Act.

Penalty: 100 penalty units.

(5) Despite anything to the contrary in this section, if the ownership of an
introduction agent's business changes, the agent may transfer personal
information held by her, him or it to the new owner of the business without
the written agreement of the person who gave the personal information.

(6) If personal information is transferred on the change of ownership of an
introduction agent's business, for the purposes of this section the new owner
is to be treated as if the information had been given to her, him or it by the
person to whom the information relates.