Privacy Act 1988
View history note
Hide history noteProhibition 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.
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