Section 20J — Privacy Act 1988 (Cth)

(1) If an entity has possession or control of a pre‑screening assessment, the entity must destroy the assessment if:

(a) the entity no longer needs the assessment for any purpose for which it may be used or disclosed under section 20H; and

(b) the entity is not required by or under an Australian law, or a court/tribunal order, to retain the assessment.

Civil penalty: 1,000 penalty units.

(2) If the entity is an APP entity but not a credit reporting body, Australian Privacy Principle 11.2 does not apply to the entity in relation to the pre‑screening assessment.

Related sections

• s 20F — Permitted CRB disclosures in relation to individuals
• s 20G — Use or disclosure of credit reporting information for the purposes of direct marketing
• s 20H — Use or disclosure of pre‑screening assessments
• s 20K — No use or disclosure of credit reporting information during a ban period
• s 20L — Adoption of government related identifiers
• s 20M — Use or disclosure of credit reporting information that is de‑identified

Research how courts apply s 20J

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.