Privacy Act 1988
View history note
Hide history noteUse or disclosure by credit reporting bodies
20H(1)
If a credit reporting body makes a pre-screening assessment in relation to direct marketing by, or on behalf of, a credit provider, the body must not use or disclose the assessment.
Civil penalty: 2,000 penalty units.
20H(2)
Subsection (1) does not apply if:
(a) the credit reporting body discloses the pre-screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider; and
(b) the recipient of the assessment is an entity (other than the provider) that has an Australian link.
20H(3)
If the credit reporting body discloses the pre-screening assessment under subsection (2), the body must make a written note of that disclosure.
Civil penalty: 500 penalty units.
Use or disclosure by recipients
20H(4)
If the credit reporting body discloses the pre-screening assessment under subsection (2), the recipient must not use or disclose the assessment.
Civil penalty: 1,000 penalty units.
20H(5)
Subsection (4) does not apply if the recipient uses the pre-screening assessment for the purposes of the direct marketing by, or on behalf of, the credit provider.
20H(6)
If the recipient uses the pre-screening assessment under subsection (5), the recipient must make a written note of that use.
Civil penalty: 500 penalty units.
Interaction with the Australian Privacy Principles
20H(7)
If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to a pre-screening assessment.
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