Section 20Y — Privacy Act 1988 (Cth)

(1) This section applies if:

(a) a credit reporting body holds credit reporting information about an individual; and

(b) the information relates to consumer credit that has been provided by a credit provider to the individual, or a person purporting to be the individual; and

(c) the body is satisfied that:

(i) the individual has been a victim of fraud (including identity fraud); and

(ii) the consumer credit was provided as a result of that fraud.

Destruction of credit reporting information

(2) The credit reporting body must:

(a) destroy the credit reporting information; and

(b) within a reasonable period after the information is destroyed:

(i) give the individual a written notice that states that the information has been destroyed and sets out the effect of subsection (4); and

(ii) give the credit provider a written notice that states that the information has been destroyed.

Civil penalty: 1,000 penalty units.

(3) Subsection (2) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, to retain the credit reporting information.

Notification of destruction to third parties

(4) If:

(a) a credit reporting body destroys credit reporting information about an individual under subsection (2); and

(b) the body has previously disclosed the information to one or more recipients under Subdivision D of this Division;

the body must, within a reasonable period after the destruction, notify those recipients of the destruction and the matters referred to in paragraph (1)(c).

Civil penalty: 500 penalty units.

(5) Subsection (4) does not apply if the credit reporting body is required by or under an Australian law, or a court/tribunal order, not to give the notification.

Related sections

• s 20V — Destruction etc. of credit reporting information after the retention period ends
• s 20W — Retention period for credit information—general
• s 20X — Retention period for credit information—personal insolvency information
• s 20Z — Dealing with information if there is a pending correction request etc.
• s 20ZA — Dealing with information if an Australian law etc. requires it to be retained
• s 21 — Guide to this Division

Research how courts apply s 20Y

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