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If you wish to query the content of your file we require you to obtain a copy of the file, to ensure there is no misunderstanding of the content. Your file will be provided in a “plain english” format; with advice on how you may deal with items you dispute. If you dispute any information on your credit file, you have the right to have a note placed on the file stating your reason for dispute. This note will be made available to all subsequent enquirers who access the disputed listing. Privacy Act The Privacy Act was passed by Federal Parliament in 1988. The Act gave effect to Australia 's agreement to implement Guidelines adopted in 1980 by the Organisation for Economic Cooperation and Development (OECD) for the Protection of Privacy and Transborder Flows of Personal Data, as well as to its obligations under Article 17 of the International Covenant on Civil and Political Rights. Part IIIA of the Privacy Act provides safeguards for individuals in relation to consumer credit reporting. In particular, Part IIIA governs the handling of credit reports and other credit worthiness information about individuals by credit reporting agencies and credit providers. The Act ensures that the use of this information is restricted to assessing applications for credit lodged with a credit provider and other legitimate activities involved with giving credit. The legislation does not directly affect commercial credit information. The key requirements of Part IIIA include: - Strict limits on the type of information which can be held on a person's credit information file by a credit reporting agency. There are also limits on how long the information can be held on file.
- Limits on who can obtain access to your credit file held by a credit reporting agency. Generally only credit providers may obtain access and only for specified purposes. Real estate agents, debt collectors, employers, general insurers are barred from obtaining access.
- Limits on the purposes for which a credit provider can use a credit report obtained from a credit reporting agency.
These include: - to assess an application for consumer credit or commercial credit (but they must seek consent if they are using your consumer credit report to assess an application for commercial credit, or using your commercial report to assess an application for consumer credit)
- to assess whether to accept a person as guarantor for a loan applied for by someone else
- to collect overdue payments
- Prohibition on disclosure by credit providers of credit worthiness information about an individual, including a credit report received from a credit reporting agency, except in specified circumstances.
These include: - where the disclosure is to another credit provider and the individual has given consent
- to a mortgage insurer
- to a debt collector (but credit providers can only give limited information contained in or derived from a credit report issued by a credit reporting agency)
- disclosing the amount of debt owed, where the person or body is considering taking an assignment of, or discharging the debt owed to the credit provider
- rights of access and correction for individuals in relation to their own personal information contained in credit reports held by credit reporting agencies and credit providers.
For further information visit www.privacy.gov.au.
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