Privacy Act 1988

PART IIIA - CREDIT REPORTING  

Division 4 - Affected information recipients  

Subdivision B - Dealing with regulated information  

SECTION 22C   USE OR DISCLOSURE OF INFORMATION BY MORTGAGE INSURERS OR TRADE INSURERS  

Prohibition on use or disclosure

22C(1)    
If:

(a) a mortgage insurer or trade insurer holds or held personal information about an individual; and

(b) the information was disclosed to the insurer by a credit reporting body or credit provider under Division 2 or 3 of this Part;

the insurer must not use or disclose the information, or any personal information about the individual derived from that information.

Civil penalty: 2,000 penalty units.

Permitted uses

22C(2)    
Subsection (1) does not apply to the use of the information if:

(a) for a mortgage insurer - the use is for:

(i) a mortgage insurance purpose of the insurer in relation to the individual; or

(ii) any purpose arising under a contract for mortgage insurance that has been entered into between the credit provider and the insurer; or

(b) for a trade insurer - the use is for a trade insurance purpose of the insurer in relation to the individual; or

(c) the use is required or authorised by or under an Australian law or a court/tribunal order.

Permitted disclosure

22C(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

22C(4)    
If the mortgage insurer or trade insurer is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the insurer in relation to the information.

22C(5)    
If:

(a) the mortgage insurer or trade insurer 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 insurer in relation to the information.