Section 22F — Privacy Act 1988 (Cth)

Prohibition on use or disclosure

(1) If:

(a) any of the following (the recipient) holds or held credit eligibility information about an individual:

(i) an entity;

(ii) a professional legal adviser of the entity;

(iii) a professional financial adviser of the entity; and

(b) the information was disclosed to the recipient by a credit provider under subsection 21N(2);

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

Civil penalty: 1,000 penalty units.

Permitted uses

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

(a) for a recipient that is the entity—the information is used for a matter referred to in subsection 21N(3); or

(b) for a recipient that is the professional legal adviser, or professional financial adviser, of the entity—the information is used:

(i) in the adviser’s capacity as an adviser of the entity; and

(ii) in connection with advising the entity about a matter referred to in subsection 21N(3); or

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

Permitted disclosure

(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

(4) If the recipient is an APP entity, Australian Privacy Principles 6, 7 and 8 do not apply to the recipient in relation to the information.

(5) If:

(a) the recipient 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 recipient in relation to the information.

Related sections

• s 22C — Use or disclosure of information by mortgage insurers or trade insurers
• s 22D — Use or disclosure of information by a related body corporate
• s 22E — Use or disclosure of information by credit managers etc.
• s 23 — Guide to this Division
• s 23A — Individual may complain about a breach of a provision of this Part etc.
• s 23B — Dealing with complaints

Research how courts apply s 22F

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