Privacy
Consultations
Run consultations using the Privacy Knowledgebase, v1 (1991- 94)
Andrew
Mowbray wrote the ysh inference engine (1991-94).
Geoffrey
King wrote the wysh web interface to ysh (1996) (further details on
the wysh pages).
Patrick Gunning and Graham
Greenleaf wrote the Privacy Knowledgebase, v1 (1991-94).
AustLII's research on legal inferencing via the web is funded
by the Australian Research Council.
Privacy Knowledgebase, v1 (1991- 94)
VERBS act~~s~ed~ing agree~~s~d~ing appl~y~ies~ied~ying believ~e~es~ed~ing breach~~es~ed~ing carr~y~ies~ied~ying ceas~e~es~ed~ing collect~~s~ed~ing consent~~s~ed~ing contain~~s~ed~ing contend~~s~ed~ing contraven~e~es~ed~ing disclos~e~es~ed~ing ensur~e~es~ed~ing f~all~alls~ell~alling giv~e~es~en~ing includ~e~es~ed~ing ke~ep~ep~ept~eps maintain~~s~ed~ing ma~ke~kes~de~king obtain~~s~ed~ing permit~~s~ted~ting prevent~~s~ed~ing propos~e~es~ed~ing receiv~e~es~ed~ing request~~s~ed~ing requir~e~es~ed~ing satisf~y~ies~ied~ying s~eek~eeks~ought~eeking t~ake~akes~ook~aking us~e~es~ed~ing STRING the address of the credit reporting agency DOLLAR the amount of credit facility which has been rejected PERSONTHING the assisting authority PERSON the author of the letter PERSON the borrower PERSONTHING the credit provider PERSONTHING the credit reporting agency PERSONTHING the other access seeker DATE the date of application for credit DATE the date of disclosure of the 60 day overdue credit information DATE the date of disclosure of the prohibited information DATE the date of inclusion of the 60 day overdue credit information DATE the date of inclusion of the prohibited information DATE the date of provision of the commercial credit concerned DATE the date of use of the prohibited information DATE the most recent date on which the record of a credit report being sought was still included DATE the most recent date on which the current credit provider status was still included DATE the most recent date on which the overdue payment information was still included DATE the most recent date on which the dishonoured cheque information was still included DATE the most recent date on which the court judgment information was still included DATE the most recent date on which the bankruptcy information was still included DATE the most recent date on which the serious credit infringement information was still included DATE the date on which the credit report was sought DATE the date on which the credit reporting agency was notified that the credit provider is no longer a credit provider in relation to the individual concerned DATE the date on which the cheque was dishonoured for the second time DATE the date on which the court judgment was made DATE the date on which the bankruptcy order was made DATE the date on which the information was included in the credit information file PERSONTHING the debt collector THING the disclosed information THING the expired information PERSONTHING the dispute resolver PERSON the individual concerned PERSONTHING the information provider PERSONTHING the information recorder PERSONTHING the information user PERSONTHING the loan guarantor PERSONTHING the merchant PERSONTHING the mortgage insurer STRING the name of the disclosed information PROMPT what is a short description of the information disclosed STRING the name of the person or body PROMPT what is the name of the person or body to be investigated STRING the name of the potential credit reporting records PROMPT please enter a description of the type of records containing personal information which you wish to investigate STRING the name of the recipient of personal information from a credit reporting agency PROMPT what is the name of the person, body or agency to whom personal information was disclosed STRING the name of the recipient of the report or information from a credit provider PROMPT what is the name of the person, body or agency to whom the report or information derived from the report was disclosed STRING the name of the recorded information PROMPT what is a short description of the recorded information STRING the name of the used information PROMPT what is a short description of the used information PERSONTHING the person or body THING the potential credit reporting records PERSONTHING the potential creditor PERSONTHING the recipient corporation or adviser PERSONTHING the recipient credit provider PERSONTHING the recipient of personal information from a credit reporting agency PERSONTHING the recipient of the report or information from a credit provider THING the recorded information SEX the sex of the assisting authority SEX the sex of the author of the letter SEX the sex of the borrower SEX the sex of the credit provider SEX the sex of the credit reporting agency SEX the sex of the debt collector SEX the sex of the dispute resolver SEX the sex of the individual concerned SEX the sex of the information provider SEX the sex of the information recorder SEX the sex of the information user SEX the sex of the loan guarantor SEX the sex of the merchant SEX the sex of the mortgage insurer SEX the sex of the person or body PROMPT what is the sex of the person under scrutiny SEX the sex of the potential creditor SEX the sex of the recipient corporation or adviser SEX the sex of the recipient credit provider SEX the sex of the recipient of personal information from a credit reporting agency PROMPT what is the sex of the person to whom personal information was disclosed SEX the sex of the recipient of the report or information from a credit provider SEX the sex of the source of commercial credit PROMPT what is the sex of the person that has given commercial credit SEX the sex of the source of mortgage credit PROMPT what is the sex of the person that has given mortgage credit SEX the sex of the trade insurer PERSONTHING the source of commercial credit PERSONTHING the source of mortgage credit PERSONTHING the trade insurer STRING the type of credit facility covered by the guarantee STRING the type of the credit facility which has been rejected THING the used information DATE the date of collection of the information concerned DATE the date of commencement of the Act PERSONTHING the information-handler THING the information concerned STRING the name of the information concerned PROMPT what is a short description of the information being dealt with STRING the name of the information-handler PROMPT what is the name of the person or organisation whose act or practice in dealing with information is to be considered THING the act or practice STRING the name of the act or practice PROMPT what is a brief description of the act or practice ofTHING the record STRING the name of the record PERSONTHING the information-recipient STRING the name of the information-recipient PROMPT what is the name of the person or organisation which received from LINK agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#agency GOAL RULE Privacy Act 1988 Section 6 "agency" PROVIDES the person or body is an agency ONLY IF the person or body is a Commonwealth Minister OR the person or body is a Commonwealth Department OR the person or body is a body (whether incorporated or not) or a tribunal established or appointed for a public purpose by or under a Commonwealth enactment AND BEGIN the person or body is not an incorporated company, society or association AND the person or body is not a trade union or branch of a trade union as described in the Industrial Relations Act 1988 AND the person or body is not a body corporate constituted under subsection 6(1) of the Legal Practitioners Ordinance 1970 END OR the person or body is a body established by the Governor General or a Commonwealth Minister otherwise than under a Commonwealth enactment OR the person or body is a person performing the duties of an office established under a Commonwealth enactment other than the Secretary of a Commonwealth Department OR the person or body is a person appointed by the Governor General or a Commonwealth Minister otherwise than under a Commonwealth enactment OR the person or body is a federal court OR the person or body is a court of the Australian Capital Territory OR the person or body is the Australian Federal Police LINK bank TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#bank RULE Privacy Act 1988 Section 6 "bank" PROVIDES <> is a bank ONLY IF <> is the Reserve Bank of Australia OR <> is a bank within the meaning of the Banking Act 1959 OR <> carries on State banking within the meaning of paragraph 51(xiii) of the Constitution LINK building society TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#building_society RULE Privacy Act 1988 Section 6 "building society" PROVIDES <> is a building society ONLY IF <> is a society registered or incorporated as a building society, co-operative housing society or similar society under a law relating to such societies that is in force in a State or Territory LINK corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#corporation GOAL RULE Privacy Act 1988 Section 6 "corporation" PROVIDES the person or body is a corporation ONLY IF the person or body is not a natural person AND the person or body is a body corporate AND BEGIN the person or body is a foreign corporation OR BEGIN the person or body is a trading corporation OR the person or body is a financial corporation END AND the person or body is a corporation formed within the limits of Australia OR the person or body is incorporated in a Territory, other than the Northern Territory END LINK credit provider TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_provider GOAL RULE Privacy Act 1988 Section 6 "credit provider" PROVIDES the person or body is not a credit provider ONLY IF the person or body is not a credit provider in respect of all relevant transactions AND the person or body is not a credit provider only in relation to a transaction under which payment may be deferred AND the person or body is not a credit provider only in relation to a transaction under which hiring without full security occurs RULE Privacy Act - general transaction credit providers PROVIDES <> is a credit provider in respect of all relevant transactions ONLY IF <> is a credit provider under section 11B AND <> does not satisfy section 11B(1)(b)(v) RULE Privacy Act - specific transaction credit providers - loans PROVIDES <> is a credit provider only in relation to a transaction under which payment may be deferred ONLY IF <> is a credit provider under section 11B AND <> satisfies section 11B(1)(b)(v) AND <>, in relation to a transaction, is considering providing or has provided a loan in respect of the provision of goods or services on terms which allow the deferral of payment, in full or in part, for at least 7 days RULE Privacy Act - specific transaction credit providers - rental PROVIDES <> is a credit provider only in relation to a transaction under which hiring without full security occurs ONLY IF <> is a credit provider under section 11B AND <> satisfies section 11B(1)(b)(v) AND <>, in relation to a transaction, is engaged in the hiring, leasing or renting of goods for at least 7 days, where no amount, or an amount less than the value of the goods, is paid as deposit LINK credit reporting agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_reporting_agency RULE Privacy Act 1988 Section 6 "credit reporting agency" PROVIDES <> is a credit reporting agency ONLY IF <> is a credit reporting agency under section 11A LINK credit reporting business TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_reporting_business GOAL RULE Privacy Act 1988 Section 6 "credit reporting business" PROVIDES the person or body does carry on a credit reporting business ONLY IF the person or body does carry on a business or undertaking that involves the preparation or maintenance of records containing personal information relating to individuals AND the potential credit reporting records prepared or maintained by a person or body are not records in which the only personal information relating to individuals is publicly available information AND the person or body is not a business or undertaking of a kind in respect of which regulations made for the purposes of s6(5C) are in force AND the potential credit reporting records are prepared or maintained by the person or body for the purpose of, or for purposes that include as the dominant purpose the purpose of, providing to other persons information on individuals AND the information to be provided by the person or body to other persons is information mentioned in paragraphs (a), (b) or (c) of the definition of "credit reporting business" RULE Privacy Act 1988 Section 6 "credit reporting business" and Section 6(5A) - credit information PROVIDES the information to be provided by <> to other persons is information mentioned in paragraphs (a), (b) or (c) of the definition of "credit reporting business" ONLY IF the information to be provided by <> to other persons is not information of the type mentioned in subsection 6(5A) AND the information to be provided by <> to other persons is information on an individual's eligibility to be provided with credit AND/OR the information to be provided by <> to other persons is information on an individual's history in relation to credit AND/OR the information to be provided by <> to other persons is information on an individual's capacity to repay credit RULE Privacy Act 1988 Section 6 "credit reporting business" and Section 6(5B) PROVIDES IF subsection 6(5B) applies to <> THEN the potential credit reporting records are not prepared or maintained by <> for the purpose of, or for purposes that include as the dominant purpose the purpose of, providing to other persons information on individuals LINK credit union TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_union RULE Privacy Act 1988 Section 6 "credit union" PROVIDES <> is a credit union ONLY IF <> is a society registered or incorporated as a credit union or credit society under a law relating to credit unions or credit societies that is in force in a State or Territory LINK current credit provider TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#current_credit_provider GOAL RULE Privacy Act 1988 Section 6 "current credit provider" PROVIDES the person or body is a current credit provider in relation to the individual concerned ONLY IF the person or body is a credit provider AND the person or body has given credit to the individual concerned AND the credit given to the individual concerned has not been fully repaid or otherwise fully discharged yet LINK financial corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#financial_corporation RULE Privacy Act 1988 Section 6 "financial corporation" PROVIDES <> is a financial corporation ONLY IF <> is a financial corporation within the meaning of paragraph 51(xx) of the Constitution RULE Privacy Act 1988 Section 6 "generally available publication" PROVIDES the information concerned is in a generally available publication ONLY IF the information concerned is in a magazine, book, newspaper or other publication AND the magazine, book, newspaper or other publication will be generally available to the public LINK intelligence agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#intelligence_agency RULE Privacy Act 1988 Section 6 "intelligence agency" PROVIDES the act done or practice engaged in was in relation to a record originating with or received from an intelligence agency ONLY IF the act done or practice engaged in was in relation to a record originating with or received from the Australian Security Intelligence Organisation OR the act done or practice engaged in was in relation to a record originating with or received from the Australian Secret Intelligence Service OR the act done or practice engaged in was in relation to a record originating with or received from the Office of National Assessments LINK mortgage insurer TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#mortgage_insurer GOAL RULE Privacy Act 1988 Section 6 "mortgage insurer" PROVIDES the person or body is a mortgage insurer ONLY IF the person or body is a corporation AND the person or body carries on a business or an undertaking (whether for profit, reward or otherwise) that involves providing insurance AND the person or body provides insurance in respect of mortgage credit given by its insured to other persons AND the person or body's insured is a credit provider LINK personal information TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#personal_information GOAL RULE Privacy Act 1988 Section 6 "personal information" PROVIDES the information concerned is personal information ONLY IF the information concerned is information or an opinion about an individual AND the identity of the individual can be reasonably ascertained from the information concerned LINK record TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#record GOAL DAEMON Privacy Act 1988 Section 6 "record" PROVIDES the information concerned is stored in a record ONLY IF BEGIN the information concerned is in a document OR the information concerned is in a database (however kept) OR the information concerned is a photograph or other pictorial representation of a person END AND the information concerned is not in a generally available publication AND the information concerned is not in anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition AND the information concerned is not in a Commonwealth record as defined by subsection 3(1) of the Archives Act 1983 that is in the open access period for the purposes of that Act AND the information concerned is not in a document placed by or on behalf of a person (other than an agency) in the memorial collection within the meaning of the Australian War Memorial Act 1980 AND the information concerned is not in a letter or other article in the course of transmission by post LINK trade insurer TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#trade_insurer GOAL RULE Privacy Act 1988 Section 6 "trade insurer" PROVIDES the person or body is a trade insurer ONLY IF the person or body is a corporation AND the person or body carries on a business or an undertaking (whether for profit, reward or otherwise) that involves providing insurance AND the person or body provides insurance in respect of commercial credit given by its insured to other persons AND the person or body's insured is a credit provider LINK trading corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#trading_corporation RULE Privacy Act 1988 Section 6 "trading corporation" PROVIDES <> is a trading corporation ONLY IF <> is a trading corporation within the meaning of paragraph 51(xx) of the Constitution RULE Privacy Act 1988 Section 6(5A) PROVIDES the information to be provided by <> to other persons is information of the type mentioned in subsection 6(5A) ONLY IF the information to be provided by <> to other persons is information solely concerning commercial transactions engaged in by or on behalf of an individual RULE Privacy Act 1988 Section 6(5B) PROVIDES subsection 6(5B) applies to <> ONLY IF <> is a corporation AND <> is a credit provider AND the potential credit reporting records are prepared or maintained by <> solely for the provision of information to corporations related to it RULE Privacy Act 1988 Section 6(5C) PROVIDES <> is a business or undertaking of a kind in respect of which regulations made for the purposes of s6(5C) are in force ONLY IF regulations have been made for the purposes of section 6(5C) AND <> is a business or undertaking of a kind specified in the regulations made under section 6(5C) LINK act or practice TO http://www2.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s7.html GOAL RULE Privacy Act 1988 Section 7 "act or practice" PROVIDES the information-handler has done an act or engaged in a practice in accordance with section 7 ONLY IF the information-handler comes within paragraphs 7(1)(a) to (e) AND the act done or practice engaged in was not in relation to a record originating with or received from one of the bodies mentioned in paragraphs 7(1)(f) to (h) RULE Privacy Act 1988 Section 7(1)(a) to (e) PROVIDES the information-handler comes within paragraphs 7(1)(a) to (e) ONLY IF the information-handler comes within para 7(1)(a) OR the information-handler comes within para 7(1)(b) OR the information-handler comes within para 7(1)(c) OR the information- handler comes within para 7(1)(d) OR the information-handler comes within para 7(1)(e) RULE Privacy Act 1988 Section 7(1)(a) PROVIDES the information-handler comes within para 7(1)(a) ONLY IF BEGIN the information-handler is an agency OR the information-handler is a file number recipient OR the information-handler is a credit reporting agency OR the information- handler is a credit provider END AND the information-handler is not an agency specified in Schedule 1 to the Freedom of Information Act 1982 (Cth) AND the information-handler is not an agency specified in Schedule 2 to the Freedom of Information Act 1982 (Cth) AND the information-handler is not a federal court or a court of the Australian Capital Territorry AND the information-handler is not a Commonwealth Minister AND the information-handler is not the National Crime Authority AND the information-handler is not a Royal Commission AND the information-handler has done an act or engaged in a practice in relation to the information concerned RULE Privacy Act 1988 Section 7(1)(b) PROVIDES the information-handler comes within para 7(1)(b) ONLY IF BEGIN the information-handler is a federal court or a court of the Australian Capital Territory OR the information-handler is an agency specified in Schedule 1 to the Freedom of Information Act 1982 (Cth) END AND the information-handler has done an act or engaged in a practice in respect of a matter of an administrative nature regarding the information RULE Privacy Act 1988 Section 7(1)(c) PROVIDES the information-handler comes within para 7(1)(c) ONLY IF the information-handler is an agency specified in Schedule 2 to the Freedom of Information Act 1982 (Cth) AND the information-handler has done an act or engaged in a practice otherwise than in relation to a record which is exempted from the operation of the Freedom of Information Act 1982 (Cth) RULE Privacy Act 1988 Section 7(1)(d) PROVIDES the information-handler comes within para 7(1)(d) ONLY IF the information-handler is a Commonwealth Minister AND the information-handler has done an act or engaged in a practice in relation to the affairs of an agency AND the act done or practice engaged in was not in relation to an existing record RULE Privacy Act 1988 Section 7(1)(e) PROVIDES the information-handler comes within para 7(1)(e) ONLY IF the information-handler is a Commonwealth Minister AND the information-handler has done an act or engaged in a practice in relation to a record that is in the information- handler's possession in the capacity of Minister AND the record relates to the affairs of an agency RULE Privacy Act 1988 Section 7(1)(f) to (g) PROVIDES the act done or practice engaged in was in relation to a record originating with or received from one of the bodies mentioned in paragraphs 7(1)(f) to (h) ONLY IF the act done or practice engaged in was in relation to a record originating with or received from an intelligence agency OR the act done or practice engaged in was in relation to a record originating with or received from the Defence Signals Directorate or the Joint Intelligence Organisation of the Department of Defence OR the act done or practice engaged in was in relation to a record originating with or received from the National Crime Authority LINK collector TO http://www2.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s9.html GOAL RULE Privacy Act 1988 Section 9 "collector" PROVIDES the information-handler is a collector of the information concerned ONLY IF the information-handler is an agency AND the information-handler collected the information concerned (not necessarily from the individual concerned) AND the information concerned is personal information LINK record keeper TO http://www2.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s10.html GOAL RULE Privacy Act 1988 Section 10 "record-keeper" PROVIDES the information-handler is a record-keeper of the information concerned ONLY IF the information-handler is an agency AND the information-handler does have possession or control of the record AND the information concerned is personal information RULE Privacy Act 1988 Section 11A - Credit Reporting Agencies PROVIDES <> is a credit reporting agency under section 11A ONLY IF <> is a corporation AND <> does carry on a credit reporting business RULE Privacy Act 1988 Section 11B - Credit Providers PROVIDES <> is a credit provider under section 11B ONLY IF <> satisfies section 11B(1)(a) AND/OR <> satisfies section 11B(1)(b) AND/OR <> satisfies section 11B(1)(c) AND <> is not included in a class of corporations declared by the regulations made under section 11B(2) not to be credit providers RULE Privacy Act 1988 Section 11B(1)(a) PROVIDES <> satisfies section 11B(1)(a) ONLY IF <> is a bank RULE Privacy Act 1988 Section 11B(1)(b) PROVIDES <> satisfies section 11B(1)(b) ONLY IF <> is a corporation AND <> is not an agency AND BEGIN <> satisfies section 11B(1)(b)(i) OR <> satisfies section 11B(1)(b)(ii) OR <> satisfies section 11B(1)(b)(iii) OR <> satisfies section 11B(1)(b)(iv) OR <> satisfies section 11B(1)(b)(v) END RULE Privacy Act 1988 Section 11B(1)(b)(i) PROVIDES <> satisfies section 11B(1)(b)(i) ONLY IF <> is a building society RULE Privacy Act 1988 Section 11B(1)(b)(ii) PROVIDES <> satisfies section 11B(1)(b)(ii) ONLY IF <> is a credit union RULE Privacy Act 1988 Section 11B(1)(b)(iii) PROVIDES <> satisfies section 11B(1)(b)(iii) ONLY IF <> carries on a business or undertaking involving the provision of loans (including the provision of loans by issuing credit cards) AND the provision of loans (including the provision of loans by issuing credit cards) is a substantial part of <>'s business or undertaking RULE Privacy Act 1988 Section 11B(1)(b)(iv) PROVIDES <> satisfies section 11B(1)(b)(iv) ONLY IF <> carries on a retail business in the course of which it issues credit cards to members of the public AND the credit cards are issued in connection with the sale of goods, or the supply of services by <> RULE Privacy Act 1988 Section 11B(1)(b)(v) PROVIDES <> satisfies section 11B(1)(b)(v) ONLY IF <> carries on a business or undertaking involving the provision of loans (including the provision of loans by issuing credit cards) AND <> is included in a class determined by the Commissioner to be credit providers for the purposes of this Act RULE Privacy Commissioner's Determination Section 11B(1)(b)(v)(B) PROVIDES <> is included in a class determined by the Commissioner to be credit providers for the purposes of this Act ONLY IF <> is not already a credit provider by virtue of paragraphs (a) or (b)(i) to (iv) of section 11B(1) of the Act AND BEGIN <>, in relation to a transaction, is considering providing or has provided a loan in respect of the provision of goods or services on terms which allow the deferral of payment, in full or in part, for at least 7 days OR <>, in relation to a transaction, is engaged in the hiring, leasing or renting of goods for at least 7 days, where no amount, or an amount less than the value of the goods, is paid as deposit END RULE Privacy Act 1988 Section 11B(1)(c) PROVIDES <> satisfies section 11B(1)(c) ONLY IF <> is not a corporation AND <> is a person in relation to whom paragraph 11B(1)(b) would apply if the person were a corporation RULE Privacy Act 1988 Section 11B(1)(c) paraphrase PROVIDES <> is a person in relation to whom paragraph 11B(1)(b) would apply if the person were a corporation ONLY IF <> is not a corporation AND <> is not an agency AND BEGIN <> satisfies section 11B(1)(b)(i) OR <> satisfies section 11B(1)(b)(ii) OR <> satisfies section 11B(1)(b)(iii) OR <> satisfies section 11B(1)(b)(iv) OR <> satisfies section 11B(1)(b)(v) END RULE Privacy Act 1988 structure of section 11B(1) PROVIDES <> is already a credit provider by virtue of paragraphs (a) or (b)(i) to (iv) of section 11B(1) of the Act ONLY IF <> satisfies section 11B(1)(a) OR <> satisfies section 11B(1)(b)(i) OR <> satisfies section 11B(1)(b)(ii) OR <> satisfies section 11B(1)(b)(iii) OR <> satisfies section 11B(1)(b)(iv) RULE Privacy Act 1988 Section 11B(2) PROVIDES <> is included in a class of corporations declared by the regulations made under section 11B(2) not to be credit providers ONLY IF regulations have been made under section 11B(2) AND <> is included in a class of corporations declared not to be credit providers by the regulations GOAL RULE Privacy Act 1988 Section 13(a) (Interferences with privacy - IPPs) PROVIDES IF the information-handler is an agency AND the information-handler has done an act or engaged in a practice in accordance with section 7 THEN BEGIN DETERMINE IF the behaviour prohibited by IPP 1 has occurred DETERMINE IF the behaviour prohibited by IPP 2 has occurred DETERMINE IF the behaviour prohibited by IPP 3 has occurred DETERMINE IF the behaviour prohibited by IPP 4 has occurred DETERMINE IF the behaviour prohibited by IPP 5 has occurred DETERMINE IF the behaviour prohibited by IPP 6 has occurred DETERMINE IF the behaviour prohibited by IPP 7 has occurred DETERMINE IF the behaviour prohibited by IPP 8 has occurred DETERMINE IF the behaviour prohibited by IPP 9 has occurred DETERMINE IF the behaviour prohibited by IPP 10 has occurred DETERMINE IF the behaviour prohibited by IPP 11 has occurred ASSERT the act or practice by the information-handler is an interference with the privacy of the individual concerned ONLY IF the information-handler has not complied with all of the Information Privacy Principles set out in section 14 END ELSE ASSERT the information-handler is not subject to the Information Privacy Principles in relation to the information concerned RULE Privacy Act 1988 Section 14 PROVIDES IF the behaviour prohibited by IPP 1 has occurred OR the behaviour prohibited by IPP 2 has occurred OR the behaviour prohibited by IPP 3 has occurred OR the behaviour prohibited by IPP 4 has occurred OR the behaviour prohibited by IPP 5 has occurred OR the behaviour prohibited by IPP 6 has occurred OR the behaviour prohibited by IPP 7 has occurred OR the behaviour prohibited by IPP 8 has occurred OR the behaviour prohibited by IPP 9 has occurred OR the behaviour prohibited by IPP 10 has occurred OR the behaviour prohibited by IPP 11 has occurred THEN the information-handler has not complied with all of the Information Privacy Principles set out in section 14 ELSE the information-handler has complied with all of the Information Privacy Principles set out in section 14 GOAL RULE Privacy Act 1988 Section 14 IPP 1 PROVIDES the behaviour prohibited by IPP 1 has occurred ONLY IF the information concerned was collected after the commencement of the Act AND BEGIN the behaviour prohibited by IPP 1(1) has occurred OR the behaviour prohibited by IPP 1(2) has occurred END RULE Privacy Act 1988 Section 14 IPP 1(1) PROVIDES the behaviour prohibited by IPP 1(1) has occurred ONLY IF the information concerned is personal information AND the information-handler is a collector of the information concerned AND BEGIN the information concerned was collected for inclusion in a record OR the information concerned was collected for inclusion in a generally available publication END AND BEGIN the exception in IPP 1(1)(a) does not apply OR the exception in IPP 1(1)(b) does not apply END RULE Privacy Act 1988 Section 14 IPP 1(1)(a) PROVIDES the exception in IPP 1(1)(a) applies ONLY IF the purpose for which the information concerned was collected~is a lawful purpose directly related to a function or activity of the information-handler RULE Privacy Act 1988 Section 14 IPP 1(1)(b) PROVIDES the exception in IPP 1(1)(b) applies ONLY IF the collection of the information concerned is necessary for, or directly related to, the lawful purpose for which the information concerned was collected RULE Privacy Act 1988 Section 14 IPP 1(2) PROVIDES the behaviour prohibited by IPP 1(2) has occurred ONLY IF the information concerned is personal information AND the information-handler is a collector of the information concerned AND the information concerned was collected by unlawful or unfair means GOAL RULE Privacy Act 1988 Section 14 IPP 2 PROVIDES the behaviour prohibited by IPP 2 has occurred ONLY IF the information concerned was collected after the commencement of the Act AND the prerequisites in IPP 2(a) and (b) are met AND the information-handler did not take reasonable steps to inform the individual concerned of the matters referred to in IPP 2(c), (d) and (e) RULE Privacy Act 1988 Section 14 IPP 2(a) and (b) PROVIDES the prerequisites in IPP 2(a) and (b) are met ONLY IF the information concerned is personal information AND the information-handler is a collector of the information concerned AND BEGIN the information concerned was collected for inclusion in a record OR the information concerned was collected for inclusion in a generally available publication END AND the information concerned was solicited by the information-handler RULE Privacy Act 1988 Section 14 IPP 2(c), (d) and (e) PROVIDES the information-handler took reasonable steps to inform the individual concerned of the matters referred to in IPP 2(c), (d) and (e) ONLY IF the information-handler took such steps (if any) as are reasonable, prior to the time of collection or as soon as practicable afterwards, to inform the individual concerned of the purpose for which the information concerned was collected AND BEGIN the collection of the information concerned is not authorised or required by law OR the information-handler took such steps (if any) as are reasonable, prior to the time of collection or as soon as practicable afterwards, to inform the individual concerned that the collection of the information concerned is authorised or required by law END AND the information-handler took such steps (if any) as are reasonable, before the collection or soon afterwards, to inform the individual concerned of any person or organisation to which the information-handler usually discloses such information AND the information-handler took such steps (if any) as are reasonable, prior to collection or soon after, to inform the individual concerned of anybody that may routinely receive information from bodies which it discloses information to GOAL RULE Privacy Act 1988 Section 14 IPP 3 PROVIDES the behaviour prohibited by IPP 3 has occurred ONLY IF the information concerned was collected after the commencement of the Act AND the prerequisites in IPP 3(a) and (b) are met AND the information-handler did not take reasonable steps to ensure that the conditions of IPP 3(c) and (d) were met RULE Privacy Act 1988 Section 14 IPP 3(a) and (b) PROVIDES the prerequisites in IPP 3(a) and (b) are met ONLY IF the information concerned is personal information AND the information-handler is a collector of the information concerned AND BEGIN the information concerned was collected for inclusion in a record OR the information concerned was collected for inclusion in a generally available publication END AND the information concerned was solicited by the information-handler RULE Privacy Act 1988 Section 14 IPP 3(c) and (d) PROVIDES the information-handler took reasonable steps to ensure that the conditions of IPP 3(c) and (d) were met ONLY IF the information-handler took such steps (if any) as are reasonable to ensure that the information concerned collected was relevant to the purpose for which it was collected AND the information-handler took such steps (if any) as are reasonable to ensure that the information collected was up to date and complete AND the information-handler took such steps (if any) as are reasonable to ensure that the collection of the information concerned did not intrude unreasonably upon the personal affairs of the individual concerned GOAL RULE Privacy Act 1988 Section 14 IPP 4 PROVIDES the behaviour prohibited by IPP 4 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND the information concerned is personal information AND the information-handler does have possession or control of the record AND BEGIN the information-handler does not ensure that the conditions in IPP 4(a) are met OR the information-handler does not ensure that the conditions in IPP 4(b) are met END RULE Privacy Act 1988 Section 14 IPP 4(a) PROVIDES the information-handler ensures that the conditions in IPP 4(a) are met ONLY IF the information-handler maintains such security safeguards as are reasonable to ensure that the record is protected against loss, against unauthorised access, use, modification or disclosure, and against other misuse RULE Privacy Act 1988 Section 14 IPP 4(b) PROVIDES the information-handler ensures that the conditions in IPP 4(b) are met ONLY IF it is not neccessary for the record to be given to a person in connection with the provision of a service to the information- handler OR everything reasonably within the power of the information-handler is done to prevent unauthorised use or disclosure of the information concerned by the other person GOAL RULE Privacy Act 1988 Section 14 IPP 5 PROVIDES the behaviour prohibited by IPP 5 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND BEGIN the behaviour prohibited by IPP 5(1) and 5(2) has occurred OR the behaviour prohibited by IPP 5(3) and 5(4) has occurred END RULE Privacy Act 1988 Section 14 IPP 5(1) and 5(2) PROVIDES the behaviour prohibited by IPP 5(1) and 5(2) has occurred ONLY IF the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler does not take reasonable steps to enable any person to to ascertain the matters referred to in IPP 5(1)(a) and (b) AND the exception in IPP 5(2) does not apply RULE Privacy Act 1988 Section 14 IPP 5(1)(a) and (b) PROVIDES the information-handler takes reasonable steps to enable any person to to ascertain the matters referred to in IPP 5(1)(a) and (b) ONLY IF the information-handler takes reasonable steps to enable any person to ascertain whether the information-handler does have possession or control of any records that contain personal information AND the information-handler takes reasonable steps to enable any person to ascertain the nature of the personal information recorded AND the information-handler takes reasonable steps to enable any person to ascertain the main purposes for which the personal information is used AND the information-handler takes reasonable steps to enable any person to ascertain the steps that a person should take in order to obtain access to a record containing personal information RULE Privacy Act 1988 Section 14 IPP 5(2) PROVIDES the exception in IPP 5(2) applies ONLY IF the information-handler is required or authorised, under the applicable provisions of any Commonwealth law providing for access to documents, to refuse to give information regarding the nature of personal information held by the information- handler RULE Privacy Act 1988 Section 14 IPP 5(3) and 5(4) PROVIDES the behaviour prohibited by IPP 5(3) and 5(4) has occurred ONLY IF the conditions of IPP 5(3) are not complied with OR the conditions of IPP 5(4) are not complied with RULE Privacy Act 1988 Section 14 IPP 5(3) PROVIDES the conditions of IPP 5(3) are complied with ONLY IF the information-handler maintains a record setting out the nature of the records of personal information kept by or on behalf of the information-handler AND the information-handler maintains a record setting out the purpose for which each type of record is kept AND the information-handler maintains a record setting out the classes of individuals about whom records are kept AND the information-handler maintains a record setting out the period for which each type of record is kept AND the information-handler maintains a record setting out the persons who are entitled to have access to personal information contained in the records and the conditions under which they are entitled to have that access AND the information-handler maintains a record setting out the steps that should be taken by persons wishing to obtain access to that personal information RULE Privacy Act 1988 Section 14 IPP 5(4) PROVIDES the conditions of IPP 5(4) are complied with ONLY IF the information-handler makes the record maintained for inclusion in the Personal Information Digest under IPP 5(3) available for inspection by members of the public AND the information-handler gives a copy of the record maintained for inclusion in the Personal Information Digest under IPP 5(3) to the Privacy Commissioner in June of each year GOAL RULE Privacy Act 1988 Section 14 IPP 6 PROVIDES the behaviour prohibited by IPP 6 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND the information-handler does have possession or control of the record AND the information concerned is personal information AND the individual concerned is not permitted to have access to the record AND access to documents laws do not prevent access to the record RULE Privacy Act 1988 Section 14 IPP 6 (elaboration) PROVIDES access to documents laws prevent access to the record ONLY IF the information-handler is required or authorised to refuse to provide the individual concerned with access to the record under the applicable provisions of a Commonwealth law providing for access by persons to documents GOAL RULE Privacy Act 1988 Section 14 IPP 7 PROVIDES the behaviour prohibited by IPP 7 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND BEGIN the behaviour prohibited by IPP 7(1) and 7(2) has occurred OR the behaviour prohibited by IPP 7(3) has occurred END RULE Privacy Act 1988 Section 14 IPP 7(1) and 7(2) PROVIDES the behaviour prohibited by IPP 7(1) and 7(2) has occurred ONLY IF the behaviour prohibited by IPP 7(1) has occurred AND the exception in IPP 7(2) does not apply RULE Privacy Act 1988 Section 14 IPP 7(1) PROVIDES the behaviour prohibited by IPP 7(1) has occurred ONLY IF the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler does not take reasonable steps to ensure that the record meets the conditions imposed by IPP 7(1)(a) and (b) RULE Privacy Act 1988 Section 14 IPP 7(1)(a) and (b) PROVIDES the information-handler took reasonable steps to ensure that the record meets the conditions imposed by IPP 7(1)(a) and (b) ONLY IF the information-handler took reasonable steps, by way of making appropriate corrections, deletions and additions, to ensure that the record is accurate AND the information-handler took reasonable steps, by way of making appropriate corrections, deletions and additions, to ensure that the record is relevant to the purpose for which the information concerned was collected and is up to date, complete and not misleading RULE Privacy Act 1988 Section 14 IPP 7(2) PROVIDES the exception in IPP 7(2) applies ONLY IF the information-handler is entitled to utilise a limitation in a Commonwealth law providing a right to require the correction or amendment of documents RULE Privacy Act 1988 Section 14 IPP 7(3) PROVIDES the behaviour prohibited by IPP 7(3) has occurred ONLY IF the prerequisites in IPP 7(3)(a) are met AND the prerequisites in IPP 7(3)(b) are met AND the information-handler does not take reasonable steps to attach a statement by the individual concerned about the correction, deletion or alteration sought RULE Privacy Act 1988 Section 14 IPP 7(3)(a) PROVIDES the prerequisites in IPP 7(3)(a) are met ONLY IF the information concerned is personal information AND the individual concerned requested that the record be amended AND the information-handler is not willing to amend the record by making a correction, deletion or addition RULE Privacy Act 1988 Section 14 IPP 7(3)(b) PROVIDES the prerequisites in IPP 7(3)(b) are met ONLY IF a decision or recommendation has not been made under a Commonwealth law that the record should be amended wholly or partly in accordance with the request by the individual concerned GOAL RULE Privacy Act 1988 Section 14 IPP 8 PROVIDES the behaviour prohibited by IPP 8 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND the information-handler does have possession or control of the record AND the information concerned is personal information AND the information concerned handler uses the information concerned AND the information-handler does not take such steps (if any) that are reasonable to ensure that the information concerned is accurate, up to date and complete, having regard to the purpose for which the information concerned is used GOAL RULE Privacy Act 1988 Section 14 IPP 9 PROVIDES the behaviour prohibited by IPP 9 has occurred ONLY IF the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler uses the information concerned AND the information concerned is used for a purpose for which the information concerned is not relevant GOAL RULE Privacy Act 1988 Section 14 IPP 10 PROVIDES the behaviour prohibited by IPP 10 has occurred ONLY IF the information concerned was collected after the commencement of the Act AND the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND BEGIN the behaviour prohibited by IPP 10(1) has occurred OR the behaviour prohibited by IPP 10(2) has occurred END RULE Privacy Act 1988 Section 14 IPP 10(1) PROVIDES the behaviour prohibited by IPP 10(1) has occurred ONLY IF the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler uses the information concerned for a purpose other than the purpose for which the information concerned was collected AND one of the exceptions mentioned in IPP 10(1)(a) to (e) does not apply RULE Privacy Act 1988 Section 14 IPP 10(1) (a) to (e) PROVIDES one of the exceptions mentioned in IPP 10(1)(a) to (e) applies ONLY IF the individual concerned has consented, either expressly or impliedly, to the use of the information concerned for the other purpose OR the information-handler believed on reasonable grounds that the use of the information concerned for the other purpose was necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person OR the use of the information concerned for the other purpose~was required or authorised by law OR the use of the information concerned for the other purpose~was reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue OR the other purpose was directly related to the purpose for which the information concerned was collected RULE Privacy Act 1988 Section 14 IPP 10(2) PROVIDES the behaviour prohibited by IPP 10(2) has occurred ONLY IF the information concerned is personal information AND one of the exceptions mentioned in IPP 10(1)(a) to (e) applies AND the use of the information concerned for the other purpose~was reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue AND the information-handler did not include a note in the record of the use of the information concerned for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue GOAL RULE Privacy Act 1988 Section 14 IPP 11 PROVIDES the behaviour prohibited by IPP 11 has occurred ONLY IF the information concerned was collected after the commencement of the Act AND the information concerned is stored in a record AND the information-handler is a record-keeper of the information concerned AND BEGIN the behaviour prohibited by IPP 11(1) has occurred OR the behaviour prohibited by IPP 11(2) has occurred OR the behaviour prohibited by IPP 11(3) has occurred END RULE Privacy Act 1988 Section 14 IPP 11(1) PROVIDES the behaviour prohibited by IPP 11(1) has occurred ONLY IF the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler disclosed the information concerned to a person, body or agency other than the individual concerned AND one of the exceptions in IPP 11(1)(a) to (e) does not apply RULE Privacy Act 1988 Section 14 IPP 11(1)(a) to (e) PROVIDES one of the exceptions in IPP 11(1)(a) to (e) applies ONLY IF the individual concerned was reasonably likely to have been aware, or was made aware under IPP 2, that information of the kind disclosed is usually passed to the information- recipient OR the individual concerned did consent to the disclosure OR the information-handler reasonably believed that the disclosure was necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or of another person OR the disclosure was required or authorised by law OR the disclosure was reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue RULE Privacy Act 1988 Section 14 IPP 11(2) PROVIDES the behaviour prohibited by IPP 11(2) has occurred ONLY IF the information concerned is personal information AND one of the exceptions in IPP 11(1)(a) to (e) applies AND the disclosure was reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue AND the information-handler did not include a note in the record of the disclosure of the information concerned for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue RULE Privacy Act 1988 Section 14 IPP 11(3) PROVIDES the behaviour prohibited by IPP 11(3) has occurred ONLY IF the information-handler does have possession or control of the record AND the information concerned is personal information AND the information-handler disclosed the information concerned to a person, body or agency other than the individual concerned AND the information-recipient does use or disclose the information concerned for a purpose other than the purpose for which the information concerned was given to the information-recipient RULE Privacy Act 1988 Section 15 (commencement) PROVIDES the information concerned was collected after the commencement of the Act ONLY IF the date of collection of the information concerned IS GREATER THAN 1.1.89 GOAL RULE Privacy Act 1988 Section 18E - Contents of credit information files PROVIDES DETERMINE IF the information recorder has breached section 18E(1) DETERMINE IF the information recorder has breached section 18E(2) DETERMINE IF the information recorder has breached section 18E(7) DETERMINE IF the information provider has breached section 18E(8) RULE Privacy Act 1988 Section 18E(1) PROVIDES <> has breached section 18E(1) ONLY IF <> is a credit reporting agency AND the credit reporting agency has included information in a credit information file AND the credit information file contains personal information relating to the individual concerned AND the credit information file contains information that is not information of a type described in section 18E(1)(a) to (d) RULE Privacy Act 1988 Section 18E(1) - exceptions PROVIDES <> contains information that is not information of a type described in section 18E(1)(a) to (d) ONLY IF <> contains information that is information of a type described in section 18E(1)(a) AND/OR/WITH <> contains information that is information of a type described in section 18E(1)(b) AND/OR/WITH <> contains information that is information of a type described in section 18E(1)(c) AND/OR/WITH <> contains information that is information of a type described in section 18E(1)(d) AND <> contains information of another type RULE Privacy Act 1988 Section 18E(1) - link to other sections PROVIDES <> is information of a kind referred to in subsection 18E(1) ONLY IF <> does not contain information that is not information of a type described in section 18E(1)(a) to (d) RULE Privacy Act 1988 Section 18E(1)(a) PROVIDES <> contains information that is information of a type described in section 18E(1)(a) ONLY IF <> contains information that is included in order to identify the individual concerned AND <> contains information the inclusion of which is reasonably necessary, under section 18E(3), in order to identify the individual concerned /* reference to 18E(3) is not literally in Act */ RULE Privacy Act 1988 Section 18E(1)(a) - link to other sections PROVIDES <> is information of a kind referred to in paragraph 18E(1)(a) ONLY IF <> contains information that is information of a type described in section 18E(1)(a) RULE Privacy Act 1988 Section 18E(1)(b) PROVIDES <> contains information that is information of a type described in section 18E(1)(b) ONLY IF <> contains a record of a type described in paragraph 18E(1)(b)(i) OR <> contains a record of a type described in paragraph 18E(1)(b)(ii) OR <> contains a record of a type described in paragraph 18E(1)(b)(iii) OR <> contains a record of a type described in paragraph 18E(1)(b)(iv) OR <> contains a record of a type described in paragraph 18E(1)(b)(v) OR <> contains a record of a type described in paragraph 18E(1)(b)(vi) OR <> contains a record of a type described in paragraph 18E(1)(b)(vii) OR <> contains a record of a type described in paragraph 18E(1)(b)(viii) OR <> contains a record of a type described in paragraph 18E(1)(b)(ix) OR <> contains a record of a type described in paragraph 18E(1)(b)(x) RULE Privacy Act 1988 Section 18E(1)(b)(i) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(i) ONLY IF <> contains a record of a credit provider having sought a credit report AND the credit provider sought the credit report in connection with an application for credit or commercial credit made by the individual concerned to the credit provider AND <> contains a record of the amount of credit or commercial credit sought in the application RULE Privacy Act 1988 Section 18E(1)(b)(ii) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(ii) ONLY IF <> contains a record of a mortgage insurer having sought a credit report AND the mortgage insurer sought the credit report in connection with the provision insurance to a credit provider AND the mortgage insurer sought the credit report in respect of mortgage credit given by the credit provider to the individual concerned RULE Privacy Act 1988 Section 18E(1)(b)(iii) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(iii) ONLY IF <> contains a record of a trade insurer having sought a credit report AND the trade insurer sought the credit report in connection with the provision insurance to a credit provider AND the trade insurer sought the credit report in respect of commercial credit given by the credit provider to the individual concerned or another person RULE Privacy Act 1988 Section 18E(1)(b)(iv) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(iv) ONLY IF <> contains a record of a credit provider having sought a credit report AND the credit provider sought the credit report in connection with the individual concerned having offered to act as a guarantor in respect of a loan or an application for a loan RULE Privacy Act 1988 Section 18E(1)(b)(v) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(v) ONLY IF <> contains a record of a credit provider being a current credit provider in relation to the individual concerned RULE Privacy Act 1988 Section 18E(1)(b)(vi) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(vi) ONLY IF <> contains a record of credit provided by a credit provider to the individual concerned AND the credit provided to the individual concerned is credit which the individual concerned is at least 60 days overdue in making a payment, including a payment that is wholly or partly a payment of interest AND the credit provider has taken steps to recover the whole or any part of the amount of credit (including any amounts of interest) outstanding RULE Privacy Act 1988 Section 18E(1)(b)(vi) - link to other sections PROVIDES <> is information of a kind referred to in subparagraph 18E(1)(b)(vi) ONLY IF <> contains information of a type described in paragraph 18E(1)(b)(vi) RULE Privacy Act 1988 Section 18E(1)(b)(vii) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(vii) ONLY IF <> contains a record of a cheque for an amount not less than $100 that has been drawn by the individual concerned AND the cheque drawn by the individual concerned has been presented and dishonoured twice RULE Privacy Act 1988 Section 18E(1)(b)(viii) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(viii) ONLY IF <> contains a record of court judgments made against the individual concerned RULE Privacy Act 1988 Section 18E(1)(b)(ix) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(ix) ONLY IF <> contains a record of bankruptcy orders made against the individual concerned RULE Privacy Act 1988 Section 18E(1)(b)(x) PROVIDES <> contains a record of a type described in paragraph 18E(1)(b)(x) ONLY IF <> contains a record of the opinion of a credit provider that the individual has committed a serious credit infringement AND <> contains a statement of the circumstances in which the credit provider believes that the individual concerned has committed a serious credit infringement RULE Privacy Act 1988 Section 18E(1)(c) PROVIDES <> contains information that is information of a type described in section 18E(1)(c) ONLY IF <> contains a statement provided by the individual concerned under subsection 18J(2) for inclusion in the file RULE Privacy Act 1988 Section 18E(1)(d) PROVIDES <> contains information that is information of a type described in section 18E(1)(d) ONLY IF <> contains a note included in the file under subsection 18F(4) or 18K(5) RULE Privacy Act 1988 Section 18E(2) PROVIDES <> has breached section 18E(2) ONLY IF <> is a credit reporting agency AND the credit reporting agency has included information in a credit information file AND the credit information file contains personal information relating to the individual concerned AND the credit information file contains information of a type prohibited in section 18E(2)(a) to (f) RULE Privacy Act 1988 Section 18E(2) - prohibited information PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(a) to (f) ONLY IF the credit information file contains information of a type prohibited in section 18E(2)(a) OR the credit information file contains information of a type prohibited in section 18E(2)(b) OR the credit information file contains information of a type prohibited in section 18E(2)(c) OR the credit information file contains information of a type prohibited in section 18E(2)(d) OR the credit information file contains information of a type prohibited in section 18E(2)(e) OR the credit information file contains information of a type prohibited in section 18E(2)(f) RULE Privacy Act 1988 Section 18E(2)(a) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(a) ONLY IF the credit information file contains information regarding the political, social or religious beliefs of the individual concerned RULE Privacy Act 1988 Section 18E(2)(b) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(b) ONLY IF the credit information file contains information regarding the criminal record of the individual concerned RULE Privacy Act 1988 Section 18E(2)(c) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(c) ONLY IF the credit information file contains information regarding the medical history or physical handicaps of the individual concerned RULE Privacy Act 1988 Section 18E(2)(d) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(d) ONLY IF the credit information file contains information regarding the race, ethnic origins or national origins of the individual concerned RULE Privacy Act 1988 Section 18E(2)(e) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(e) ONLY IF the credit information file contains information regarding the sexual preferences or practices of the individual concerned RULE Privacy Act 1988 Section 18E(2)(f) PROVIDES the credit information file contains information of a type prohibited in section 18E(2)(f) ONLY IF the credit information file contains information regarding the lifestyle, character or reputation of the individual concerned RULE Privacy Act 1988 Section 18E(3) and (4) PROVIDES <> contains information the inclusion of which is reasonably necessary, under section 18E(3), in order to identify the individual concerned ONLY IF <> contains information that is of a type specified by the Privacy Commissioner in a determination made under section 18E(3) AND <> satisfies section 18E(4) RULE Privacy Act 1988 Section 18E(3) - Commissioner's Determination PROVIDES <> contains information that is of a type specified by the Privacy Commissioner in a determination made under section 18E(3) ONLY IF <> contains the full name of the individual concerned OR/WITH <> contains the sex of the individual concerned OR/WITH <> contains the date of birth of the individual concerned OR/WITH <> contains a maximum of three addresses consisting of a current or last known address and two immediately previous addresses of the individual concerned OR/WITH <> contains the name of the current or last known employer of the individual concerned OR/WITH <> contains the driver's licence number of the individual concerned RULE Privacy Act 1988 Section 18E(4) PROVIDES <> satisfies section 18E(4) ONLY IF <> does not contain identification information of another type RULE Privacy Act 1988 Section 18E(7) PROVIDES <> has breached section 18E(7) ONLY IF <> is a credit reporting agency AND the credit reporting agency has opened a credit information file in relation to the individual concerned AND the credit information file does not contain information that is information of a type described in section 18E(1)(b) RULE Privacy Act 1988 Section 18E(8) PROVIDES the information provider has breached section 18E(8) ONLY IF the information provider is a credit provider AND the credit provider has given personal information relating to the individual concerned to another person or organisation AND the recipient of the report or information from a credit provider is a credit reporting agency AND section 18E(8)(a) applies AND/OR section 18E(8)(b) applies AND/OR section 18E(8)(c) applies RULE Privacy Act 1988 Section 18E(8)(a) PROVIDES section 18E(8)(a) applies ONLY IF the credit reporting agency is prohibited, under section 18E(1), from including the disclosed information in the individual concerned's credit information file RULE Privacy Act 1988 Section 18E(8)(a) paraphrase PROVIDES the credit reporting agency is prohibited, under section 18E(1), from including the disclosed information in the individual concerned's credit information file ONLY IF the disclosed information contains information that is not information of a type described in section 18E(1)(a) to (d) RULE Privacy Act 1988 Section 18E(8)(b) PROVIDES section 18E(8)(b) applies ONLY IF the credit provider does not have reasonable grounds for believing that the disclosed information is correct RULE Privacy Act 1988 Section 18E(8)(c) PROVIDES section 18E(8)(c) applies ONLY IF the credit provider did not inform the individual concerned at the time of, or before, acquiring the disclosed information that the disclosed information might be disclosed to a credit reporting agency AND section 18E(8)(c) applies according to section 18V(2) /* reference to 18V(2) is not explicitly contained in 18E(8)(c) */ GOAL RULE Privacy Act 1988 Section 18F - Deletion of information from files PROVIDES DETERMINE the information recorder has breached section 18F(1) IF the information recorder is a credit reporting agency AND the credit reporting agency has been given information that the individual concerned is overdue in making a payment in respect of credit provided by a credit provider THEN BEGIN DETERMINE the credit provider has breached section 18F(3) DETERMINE the credit provider has breached section 18F(4) END IF the information recorder is a credit reporting agency AND the credit reporting agency maintains a credit information file relating to the individual concerned AND the credit information file contains a record of a type described in paragraph 18E(1)(b)(v) AND the credit provider ceases to be a current credit provider in relation to the individual concerned THEN DETERMINE the credit provider has breached section 18F(5) RULE Privacy Act 1988 Section 18F(1) PROVIDES the information recorder has breached section 18F(1) ONLY IF the information recorder is a credit reporting agency AND the credit reporting agency maintains a credit information file relating to the individual concerned AND the credit information file contains information that is information of a type described in section 18E(1)(b) AND the credit information file contains information which has been kept for a period longer than 1 month after the end of the maximum permissible period, determined under section 18F(2), for the keeping of personal information of that kind AND the credit reporting agency has not deleted the expired information from the credit information file RULE Privacy Act 1988 Section 18F(2) PROVIDES the credit information file contains information which has been kept for a period longer than 1 month after the end of the maximum permissible period, determined under section 18F(2), for the keeping of personal information of that kind ONLY IF the credit information file contains information of a type described in section 18F(2)(a) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(a) OR the credit information file contains information of a type described in section 18F(2)(b) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(b) OR the credit information file contains information of a type described in section 18F(2)(c) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(c) OR the credit information file contains information of a type described in section 18F(2)(d) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(d) OR the credit information file contains information of a type described in section 18F(2)(e) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(e) OR the credit information file contains information of a type described in section 18F(2)(f) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(f) OR the credit information file contains information of a type described in section 18F(2)(g) AND the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(g) RULE Privacy Act 1988 Section 18F(2)(a) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(a) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(i) OR the credit information file contains a record of a type described in paragraph 18E(1)(b)(ii) OR the credit information file contains a record of a type described in paragraph 18E(1)(b)(iii) OR the credit information file contains a record of a type described in paragraph 18E(1)(b)(iv) RULE Privacy Act 1988 Section 18F(2)(a) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(a) ONLY IF section 18V(3) applies to the record of a credit report being sought AND the credit reporting agency has kept the record of a credit report being sought for longer than 1 month after a period of 5 years commencing on 25 February 1992 OR section 18V(3) does not apply to the record of a credit report being sought AND the credit reporting agency has kept the information for longer than 1 month after a period of 5 years commencing on the day on which the credit report was sought RULE Privacy Act 1988 Section 18F(2)(a) - max permissible period - post Act PROVIDES the credit reporting agency has kept the information for longer than 1 month after a period of 5 years commencing on the day on which the credit report was sought ONLY IF the most recent date on which the record of a credit report being sought was still included IS GREATER THAN the date on which the credit report was sought PLUS 5 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(a) - max permissible period - pre Act PROVIDES the credit reporting agency has kept the record of a credit report being sought for longer than 1 month after a period of 5 years commencing on 25 February 1992 ONLY IF the most recent date on which the record of a credit report being sought was still included IS GREATER THAN 25 March 1997 RULE Privacy Act 1988 Section 18F(2)(b) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(b) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(v) RULE Privacy Act 1988 Section 18F(2)(b) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(b) ONLY IF section 18V(3) applies to the current credit provider status information AND the credit reporting agency has kept the current credit provider status information for longer than 1 month after a period of 14 days commencing on 25 February 1992 OR section 18V(3) does not apply to the current credit provider status information AND the credit reporting agency has kept the information longer than 1 month after a period of 14 days commencing on the day on which it was notified that the credit provider is no longer a current credit provider in relation to the individual concerned RULE Privacy Act 1988 Section 18F(2)(b) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 14 days commencing on the day on which it was notified that the credit provider is no longer a current credit provider in relation to the individual concerned ONLY IF the credit reporting agency has been notified that the credit provider is no longer a credit provider in relation to the individual concerned AND the most recent date on which the current credit provider status was still included IS GREATER THAN the date on which the credit reporting agency was notified that the credit provider is no longer a credit provider in relation to the individual concerned PLUS 14 DAYS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(b) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the current credit provider status information for longer than 1 month after a period of 14 days commencing on 25 February 1992 ONLY IF the credit reporting agency has been notified that the credit provider is no longer a credit provider in relation to the individual concerned AND the most recent date on which the current credit provider status was still included IS GREATER THAN 10 April 1992 RULE Privacy Act 1988 Section 18F(2)(c) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(c) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(vi) RULE Privacy Act 1988 Section 18F(2)(c) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(c) ONLY IF section 18V(3) applies to the 60 day overdue credit information AND the credit reporting agency has kept the 60 day overdue payment information for longer than 1 month after a period of 5 years commencing on 25 February 1992 OR section 18V(3) does not apply to the 60 day overdue credit information AND the credit reporting agency has kept the 60 day overdue payment information longer than 1 month after a period of 5 years commencing on the day on which the credit reporting agency was informed of the overdue payment RULE Privacy Act 1988 Section 18F(2)(c) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 5 years commencing on the day on which the credit reporting agency was informed of the overdue payment ONLY IF the most recent date on which the overdue payment information was still included IS GREATER THAN the date of inclusion of the 60 day overdue credit information PLUS 5 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(c) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the 60 day overdue payment information for longer than 1 month after a period of 5 years commencing on 25 February 1992 ONLY IF the most recent date on which the overdue payment information was still included IS GREATER THAN 25 March 1997 RULE Privacy Act 1988 Section 18F(2)(d) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(d) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(vii) RULE Privacy Act 1988 Section 18F(2)(d) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(d) ONLY IF section 18V(3) applies to the dishonoured cheque information AND the credit reporting agency has kept the dishonoured cheque information for longer than 1 month after a period of 5 years commencing on 25 February 1992 OR section 18V(3) does not apply to the dishonoured cheque information AND the credit reporting agency has kept the information longer than 1 month after a period of 5 years commencing on the day on which the second dishonouring of the cheque occurred RULE Privacy Act 1988 Section 18F(2)(d) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 5 years commencing on the day on which the second dishonouring of the cheque occurred ONLY IF the most recent date on which the dishonoured cheque information was still included IS GREATER THAN the date on which the cheque was dishonoured for the second time PLUS 5 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(d) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the dishonoured cheque information for longer than 1 month after a period of 5 years commencing on 25 February 1992 ONLY IF the most recent date on which the dishonoured cheque information was still included IS GREATER THAN 25 March 1997 RULE Privacy Act 1988 Section 18F(2)(e) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(e) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(viii) RULE Privacy Act 1988 Section 18F(2)(e) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(e) ONLY IF section 18V(3) applies to the court judgment information AND the credit reporting agency has kept the court judgment information for longer than 1 month after a period of 5 years commencing on 25 February 1992 OR section 18V(3) does not apply to the court judgment information AND the credit reporting agency has kept the information longer than 1 month after a period of 5 years commencing on the day on which the court judgment concerned was made RULE Privacy Act 1988 Section 18F(2)(e) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 5 years commencing on the day on which the court judgment concerned was made ONLY IF the most recent date on which the court judgment information was still included IS GREATER THAN the date on which the court judgment was made PLUS 5 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(e) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the court judgment information for longer than 1 month after a period of 5 years commencing on 25 February 1992 ONLY IF the most recent date on which the court judgment information was still included IS GREATER THAN 25 March 1997 RULE Privacy Act 1988 Section 18F(2)(f) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(f) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(ix) RULE Privacy Act 1988 Section 18F(2)(f) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(f) ONLY IF section 18V(3) applies to the bankruptcy information AND the credit reporting agency has kept the bankruptcy information for longer than 1 month after a period of 7 years commencing on 25 February 1992 OR section 18V(3) does not apply to the bankruptcy information AND the credit reporting agency has kept the information longer than 1 month after a period of 7 years commencing on the day on which the bankruptcy order concerned was made RULE Privacy Act 1988 Section 18F(2)(f) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 7 years commencing on the day on which the bankruptcy order concerned was made ONLY IF the most recent date on which the bankruptcy information was still included IS GREATER THAN the date on which the bankruptcy order was made PLUS 7 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(f) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the bankruptcy information for longer than 1 month after a period of 7 years commencing on 25 February 1992 ONLY IF the most recent date on which the bankruptcy information was still included IS GREATER THAN 25 March 1999 RULE Privacy Act 1988 Section 18F(2)(g) - type of information PROVIDES the credit information file contains information of a type described in section 18F(2)(g) ONLY IF the credit information file contains a record of a type described in paragraph 18E(1)(b)(x) RULE Privacy Act 1988 Section 18F(2)(g) - maximum permissible period PROVIDES the credit reporting agency has kept the information for a period which is longer than 1 month after the end of the maximum permissible period specified in section 18F(2)(g) ONLY IF section 18V(3) applies to the serious credit infringement information AND the credit reporting agency has kept the serious credit infringement information for longer than 1 month after a period of 7 years commencing on 25 February 1992 OR section 18V(3) does not apply to the serious credit infringement information AND the credit reporting agency has kept the information longer than 1 month after a period of 7 years commencing on the day on which the information was included in the credit information file RULE Privacy Act 1988 Section 18F(2)(g) - max permissible period - Post Act PROVIDES the credit reporting agency has kept the information longer than 1 month after a period of 7 years commencing on the day on which the information was included in the credit information file ONLY IF the most recent date on which the serious credit infringement information was still included IS GREATER THAN the date on which the information was included in the credit information file PLUS 7 YEARS PLUS 1 MONTHS RULE Privacy Act 1988 Section 18F(2)(g) - max permissible period - Pre Act PROVIDES the credit reporting agency has kept the serious credit infringement information for longer than 1 month after a period of 7 years commencing on 25 February 1992 ONLY IF the most recent date on which the serious credit infringement information was still included IS GREATER THAN 25 March 1999 RULE Privacy Act 1988 Section 18F(3) PROVIDES IF the information recorder is a credit reporting agency AND the credit reporting agency has been given information that the individual concerned is overdue in making a payment in respect of credit provided by a credit provider THEN the credit provider has breached section 18F(3) ONLY IF the individual concerned ceases to be overdue in making the payment AND the credit provider did not inform the credit reporting agency, as soon as practicably, that the individual concerned has ceased to be overdue in making the payment OR the individual concerned contends that the individual concerned is not overdue in making the payment AND the credit provider did not inform the credit reporting agency, as soon as practicably, that the individual concerned contends that the individual concerned is not overdue in making the payment RULE Privacy Act 1988 Section 18F(4) PROVIDES the credit reporting agency has breached section 18F(4) ONLY IF the credit provider did inform the credit reporting agency, as soon as practicably, that the individual concerned has ceased to be overdue in making the payment AND the credit reporting agency has not included in the individual concerned's credit information file a note to the effect that the individual concerned has ceased to be overdue in making the payment OR the credit provider did not inform the credit reporting agency, as soon as practicably, that the individual concerned contends that the individual concerned is not overdue in making the payment AND the credit reporting agency has not included in the individual concerned's credit information file a note to the effect that the individual concerned contends that the individual concerned is not overdue in making the payment RULE Privacy Act 1988 Section 18F(5) PROVIDES IF the information recorder is a credit reporting agency AND the credit reporting agency maintains a credit information file relating to the individual concerned AND the credit information file contains a record of a type described in paragraph 18E(1)(b)(v) AND the credit provider ceases to be a current credit provider in relation to the individual concerned THEN the credit provider has breached section 18F(5) ONLY IF the credit provider did not notify the credit reporting agency, as soon as practicably, that the credit provider has ceased to be a current credit provider in relation to the individual concerned GOAL RULE Privacy Act 1988 Section 18G - Accuracy and security of files and reports PROVIDES the information recorder has breached section 18G ONLY IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the credit reporting agency has not complied with section 18G(a) AND/OR the credit reporting agency has not complied with section 18G(b) AND/OR the credit reporting agency has not complied with section 18G(c) OR the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the credit provider has not complied with section 18G(a) AND/OR the credit provider has not complied with section 18G(b) AND/OR the credit provider has not complied with section 18G(c) RULE Privacy Act 1988 Section 18G(a) PROVIDES <> has complied with section 18G(a) ONLY IF <> has taken reasonable steps to ensure that the personal information contained in the file or report is accurate, up-to- date, complete and not misleading RULE Privacy Act 1988 Section 18G(b) PROVIDES <> has complied with section 18G(b) ONLY IF <> has ensured that the file or report is protected, by such security safeguards as are reasonable in the circumstances, against loss, against unauthorised access, use, modification or disclosure, and against other misuse RULE Privacy Act 1988 Section 18G(c) PROVIDES <> has complied with section 18G(c) ONLY IF it is necessary that the file or report be given to a person in connection with the provision of a service to <> AND <> has ensured that everything reasonably within its power is done to prevent unauthorised use or disclosure of personal information contained in the file or report GOAL RULE Privacy Act 1988 Section 18H - Access to credit files and reports PROVIDES the information recorder has breached section 18H ONLY IF the information recorder has breached section 18H(1) OR the information recorder has breached section 18H(2) RULE Privacy Act 1988 Section 18H(1) PROVIDES the information recorder has breached section 18H(1) ONLY IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND the credit reporting agency has not taken reasonable steps to ensure that the individual concerned can obtain access to the individual concerned's file AND/OR the credit reporting agency has not taken reasonable steps to ensure that a person mentioned in section 18H(3) can obtain access to the individual concerned's file RULE Privacy Act 1988 Section 18H(2) PROVIDES the information recorder has breached section 18H(2) ONLY IF the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the credit provider has not taken reasonable steps to ensure that the individual concerned can obtain access to the report AND/OR the credit provider has not taken reasonable steps to ensure that a person mentioned in section 18H(3) can obtain access to the report OR the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the credit reporting agency has not taken reasonable steps to ensure that the individual concerned can obtain access to the report AND/OR the credit reporting agency has not taken reasonable steps to ensure that a person mentioned in section 18H(3) can obtain access to the report RULE Privacy Act 1988 Section 18H(3) - credit information files PROVIDES the credit reporting agency has not taken reasonable steps to ensure that a person mentioned in section 18H(3) can obtain access to the individual concerned's file ONLY IF a person other than the individual concerned sought access to the individual concerned's credit information file AND the other access seeker is a person who may potentially be allowed access under section 18H(3) AND the other access seeker has been authorised in writing by the individual concerned to obtain access to the credit information file in connection with an application, or a proposed application, by the individual concerned for a loan AND/OR the other access seeker has been authorised in writing by the individual concerned to obtain access to the credit information file in connection with the individual concerned having sought advice in relation to a loan RULE Privacy Act 1988 Section 18H(3) - credit reports PROVIDES <> has not taken reasonable steps to ensure that a person mentioned in section 18H(3) can obtain access to the report ONLY IF a person other than the individual concerned sought access to the credit report containing personal information about the individual concerned AND the other access seeker is a person who may potentially be allowed access under section 18H(3) AND the other access seeker has been authorised in writing by the individual concerned to obtain access to the credit report in connection with an application, or a proposed application, by the individual concerned for a loan AND/OR the other access seeker has been authorised in writing by the individual concerned to obtain access to the credit report in connection with the individual concerned having sought advice in relation to a loan RULE Privacy Act 1988 Section 18H(3) - eligible persons PROVIDES the other access seeker is a person who may potentially be allowed access under section 18H(3) ONLY IF the other access seeker is not a credit provider AND the other access seeker is not a mortgage insurer AND the other access seeker is not a trade insurer GOAL RULE Privacy Act 1988 Section 18J - Alteration of credit files and reports PROVIDES DETERMINE the information recorder has breached section 18J(1) DETERMINE the information recorder has breached section 18J(2) IF the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit provider to make a correction, deletion or addition to the personal information contained in the credit report AND the credit provider has not amended personal information contained in the credit report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit provider to include in the credit report a statement provided by the individual concerned of the correction, deletion or addition sought THEN DETERMINE the credit provider may refer the statement to the Commissioner IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit reporting agency to make a correction, deletion or addition to the personal information contained in the file or report AND the credit reporting agency has not amended personal information contained in the file or report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit reporting agency to include in the file or report a statement provided by the individual concerned of the correction, deletion or addition sought THEN DETERMINE the credit reporting agency may refer the statement to the Commissioner RULE Privacy Act 1988 Section 18J(1) PROVIDES the information recorder has breached section 18J(1) ONLY IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the credit reporting agency has not taken reasonable steps, by way of making appropriate corrections, deletions and additions, to ensure that the personal information contained in the file or report is accurate, up-to-date, complete and not misleading OR the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the credit provider has not taken reasonable steps, by way of making appropriate corrections, deletions and additions, to ensure that the personal information contained in the credit report is accurate, up-to-date, complete and not misleading RULE Privacy Act 1988 Section 18J(2) PROVIDES the information recorder has breached section 18J(2) ONLY IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit reporting agency to make a correction, deletion or addition to the personal information contained in the file or report AND the credit reporting agency has not amended personal information contained in the file or report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit reporting agency to include in the file or report a statement provided by the individual concerned of the correction, deletion or addition sought AND the credit reporting agency has not taken reasonable steps to include the statement in the file or report within 30 days of being requested to do so OR the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit provider to make a correction, deletion or addition to the personal information contained in the credit report AND the credit provider has not amended personal information contained in the credit report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit provider to include in the credit report a statement provided by the individual concerned of the correction, deletion or addition sought AND the credit provider has not taken reasonable steps to include the statement in the credit report within 30 days of being requested to do so RULE Privacy Act 1988 Section 18J(3) - credit reporting agency PROVIDES IF the information recorder is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in possession of a credit report relating to the individual concerned AND/OR the credit reporting agency is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit reporting agency to make a correction, deletion or addition to the personal information contained in the file or report AND the credit reporting agency has not amended personal information contained in the file or report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit reporting agency to include in the file or report a statement provided by the individual concerned of the correction, deletion or addition sought THEN the credit reporting agency may refer the statement to the Commissioner ONLY IF the credit reporting agency considers the statement to be of undue length in the circumstances RULE Privacy Act 1988 Section 18J(3) - credit provider PROVIDES IF the information recorder is a credit provider AND the credit provider is in possession of a credit report relating to the individual concerned AND/OR the credit provider is in control of a credit report relating to the individual concerned AND the individual concerned has requested the credit provider to make a correction, deletion or addition to the personal information contained in the credit report AND the credit provider has not amended personal information contained in the credit report by making a correction, deletion or addition in accordance with the request AND the individual concerned has requested the credit provider to include in the credit report a statement provided by the individual concerned of the correction, deletion or addition sought THEN the credit provider may refer the statement to the Commissioner ONLY IF the credit provider considers the statement to be of undue length in the circumstances GOAL RULE Privacy Act 1988 Section 18K - Disclosure by credit reporting agency PROVIDES DETERMINE the information provider has breached section 18K(1) DETERMINE the information provider has breached section 18K(2) DETERMINE the information provider is guilty of an offence under section 18K(4) punishable on conviction by a fine not exceeding $150000 IF the information provider is a credit reporting agency THEN DETERMINE according to section 18K(5), the credit reporting agency must include a note of the disclosure in the individual concerned's credit information file RULE Privacy Act 1988 Section 18K(1) PROVIDES the information provider has breached section 18K(1) ONLY IF the information provider is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND the credit reporting agency has disclosed personal information about the individual concerned to a person, body or agency (other than the individual concerned) AND the disclosed information is contained in a credit information file relating to the individual concerned AND one of the exceptions listed in section 18K(1)(a) to (n) does not apply RULE Privacy Act 1988 Section 18K(1) - exceptions PROVIDES one of the exceptions listed in section 18K(1)(a) to (n) applies ONLY IF section 18K(1)(a) applies OR section 18K(1)(b) applies OR section 18K(1)(c) applies OR section 18K(1)(d) applies OR section 18K(1)(e) applies OR section 18K(1)(f) applies OR section 18K(1)(g) applies OR section 18K(1)(h) applies OR section 18K(1)(j) applies OR section 18K(1)(k) applies OR section 18K(1)(m) applies OR section 18K(1)(n) applies RULE Privacy Act 1988 Section 18K(1)(a) PROVIDES section 18K(1)(a) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider has requested the report for the purpose of assessing an application for credit made by the individual concerned to the credit provider AND the information in the credit report satisfies section 18K(6) /* reference to 18K(6) is not contained in 18K(1)(a) */ RULE Privacy Act 1988 Section 18K(1)(b) PROVIDES section 18K(1)(b) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider has requested the report for the purpose of assessing an application for commercial credit made by the individual concerned to the credit provider AND the individual concerned has specifically agreed, in accordance with section 18K(1A), to the report being given to the credit provider for that purpose /* reference to 18K(1A) is not contained in 18K(1)(b) */ RULE Privacy Act 1988 Section 18K(1)(c) PROVIDES section 18K(1)(c) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in a situation described in subparagraph 18K(1)(c)(i) AND/OR the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in a situation described in subparagraph 18K(1)(c)(ii) AND the individual concerned has specifically agreed, in writing, to the report being given to the credit provider for that purpose RULE Privacy Act 1988 Section 18K(1)(c)(i) PROVIDES the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in a situation described in subparagraph 18K(1)(c)(i) ONLY IF the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in respect of a loan provided by the credit provider to another person RULE Privacy Act 1988 Section 18K(1)(c)(ii) PROVIDES the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in a situation described in subparagraph 18K(1)(c)(ii) ONLY IF the credit provider has requested the report for the purpose of assessing whether to accept the individual concerned as a guarantor in respect of a loan for which an application has been made by another person to the credit provider RULE Privacy Act 1988 Section 18K(1)(d) PROVIDES section 18K(1)(d) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a mortgage insurer AND the report was given to the mortgage insurer for the purpose described in subparagraph 18K(1)(d)(i) AND/OR the report was given to the mortgage insurer for the purpose described in subparagraph 18K(1)(d)(ii) RULE Privacy Act 1988 Section 18K(1)(d)(i) PROVIDES the report was given to the mortgage insurer for the purpose described in subparagraph 18K(1)(d)(i) ONLY IF a person or organisation has given mortgage credit to the individual concerned AND the source of mortgage credit is a credit provider AND the report was given to the mortgage insurer for the purpose of assessing whether to provide insurance to, or the risk of providing insurance to, the source of mortgage credit RULE Privacy Act 1988 Section 18K(1)(d)(ii) PROVIDES the report was given to the mortgage insurer for the purpose described in subparagraph 18K(1)(d)(ii) ONLY IF a person or organisation has given mortgage credit to the individual concerned AND the source of mortgage credit is a credit provider AND the report was given to the mortgage insurer for the purpose of assessing the risk of the individual concerned defaulting on mortgage credit in respect of which the mortgage insurer has provided insurance to the source of mortgage credit RULE Privacy Act 1988 Section 18K(1)(e) PROVIDES section 18K(1)(e) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a trade insurer AND the report was given to the trade insurer for the purpose described in subparagraph 18K(1)(e)(i) AND/OR the report was given to the trade insurer for the purpose described in subparagraph 18K(1)(e)(ii) AND the individual concerned has specifically agreed, in writing, to the report being given to the trade insurer for that purpose RULE Privacy Act 1988 Section 18K(1)(e)(i) PROVIDES the report was given to the trade insurer for the purpose described in subparagraph 18K(1)(e)(i) ONLY IF a person or organisation has given commercial credit to the individual concerned AND the source of commercial credit is a credit provider AND the report was given to the trade insurer for the purpose of assessing whether to provide insurance to, or the risk of providing insurance to, the source of commercial credit RULE Privacy Act 1988 Section 18K(1)(e)(ii) PROVIDES the report was given to the trade insurer for the purpose described in subparagraph 18K(1)(e)(ii) ONLY IF a person or organisation has given commercial credit to the individual concerned AND the source of commercial credit is a credit provider AND the report was given to the trade insurer for the purpose of assessing the risk of the individual concerned defaulting on mortgage credit in respect of which the trade insurer has provided insurance to the source of commercial credit RULE Privacy Act 1988 Section 18K(1)(f) PROVIDES section 18K(1)(f) applies ONLY IF the credit reporting agency has received information of a kind referred to in subparagraph 18E(1)(b)(vi) at least 30 days before the disclosure AND the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider is referred to in the credit information file as a credit provider who is a current credit provider in relation to the individual concerned RULE Heuristic - Privacy Act 1988 Section 18K(1)(f) - paraphrase PROVIDES the credit reporting agency has received information of a kind referred to in subparagraph 18E(1)(b)(vi) at least 30 days before the disclosure ONLY IF the individual concerned's credit information file contains a record of the type described in paragraph 18E(1)(b)(vi) AND the date of disclosure of the 60 day overdue credit information IS GREATER THAN the date of inclusion of the 60 day overdue credit information PLUS 30 DAYS RULE Privacy Act 1988 Section 18K(1)(g) PROVIDES section 18K(1)(g) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider requested the report for the purpose of the collection of payments that are overdue in respect of credit provided to the individual concerned by the credit provider RULE Privacy Act 1988 Section 18K(1)(h) PROVIDES section 18K(1)(h) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit provider AND the credit provider requested the report for the purpose of the collection of payments that are overdue in respect of commercial credit provided to a person by the credit provider AND the situation described in subparagraph 18K(1)(h)(i) applies AND/OR the situation described in subparagraph 18K(1)(h)(ii) applies AND/OR the situation described in subparagraph 18K(1)(h)(iii) applies RULE Privacy Act 1988 Section 18K(1)(h)(i) PROVIDES the situation described in subparagraph 18K(1)(h)(i) applies ONLY IF the individual concerned has specifically agreed, in writing, to the report being given to the credit provider for that purpose RULE Privacy Act 1988 Section 18K(1)(h)(ii) PROVIDES the situation described in subparagraph 18K(1)(h)(ii) applies ONLY IF the individual concerned had specifically agreed, in writing, to a credit report relating to the individual concerned being given to the credit provider for the purpose of assessing an application by another person for commercial credit RULE Privacy Act 1988 Section 18K(1)(h)(iii) PROVIDES the situation described in subparagraph 18K(1)(h)(iii) applies ONLY IF the credit provider provided the commercial credit concerned before the commencement of section 18K RULE Privacy Act 1988 Section 18K(1)(j) PROVIDES section 18K(1)(j) applies ONLY IF the disclosed information is contained in a credit report AND the recipient of personal information from a credit reporting agency is a credit reporting agency RULE Privacy Act 1988 Section 18K(1)(k) PROVIDES section 18K(1)(k) applies ONLY IF the disclosed information is contained in a record in which the only personal information relating to individuals is publicly available information RULE Privacy Act 1988 Section 18K(1)(m) PROVIDES section 18K(1)(m) applies ONLY IF the disclosure is required or authorised by or under law RULE Privacy Act 1988 Section 18K(1)(n) PROVIDES section 18K(1)(n) applies ONLY IF the credit reporting agency is satisfied that a credit provider or law enforcement authority believes on reasonable grounds that the individual concerned has committed a serious credit infringement AND the recipient of personal information from a credit reporting agency is a credit provider AND/OR the recipient of personal information from a credit reporting agency is a law enforcement authority RULE Privacy Act 1988 Section 18K(1A) PROVIDES the individual concerned has specifically agreed, in accordance with section 18K(1A), to the report being given to the credit provider for that purpose ONLY IF the individual concerned has specifically agreed, in writing, to the report being given to the credit provider for that purpose OR the report was requested for the purpose of assessing an application for commercial credit that was at first instance made orally AND the application for commercial credit has not been made in writing yet RULE Privacy Act 1988 Section 18K(2) PROVIDES the information provider has breached section 18K(2) ONLY IF the information provider is a credit reporting agency AND the credit reporting agency is in possession of a credit information file relating to the individual concerned AND/OR the credit reporting agency is in control of a credit information file relating to the individual concerned AND the credit reporting agency has disclosed personal information about the individual concerned to a person, body or agency (other than the individual concerned) AND the disclosed information is contained in a credit information file relating to the individual concerned AND/OR the disclosed information is contained in a record containing information derived from the individual concerned's credit information file AND BEGIN the individual concerned's credit information file contains personal information that the credit reporting agency would be prohibited from including in a credit information file under section 18E AND the disclosed information is not information the disclosure of which is taken not to be in contravention of section 18K(2) because of the application of section 18K(3) OR the individual concerned's credit information file contains personal information that the credit reporting agency would be required to delete from such a file under section 18F END /* reference to section 18K(3) is not actually in 18K(2) */ RULE Privacy Act 1988 Section 18K(3) PROVIDES <> is information the disclosure of which is taken not to be in contravention of section 18K(2) because of the application of section 18K(3) ONLY IF the credit reporting agency included the prohibited information in the individual concerned's credit information file before the commencement of section 18K AND <> is information of a kind that the Commissioner has determined to be information that the credit reporting agency may disclose without contravening section 18K(2) /* reason for use of <> is to cope with calls regarding the information disclosed from sections 18K and 18N, and calls regarding the information used from section 18L */ RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations PROVIDES <> is information of a kind that the Commissioner has determined to be information that the credit reporting agency may disclose without contravening section 18K(2) ONLY IF the credit reporting agency is the Credit Reference Association of Australia AND <> is information of a kind that is specified in the Commissioner's determination regarding the Credit Reference Association of Australia OR the credit reporting agency is the Tasmanian Collection Service AND <> is information of a kind that is specified in the Commissioner's determination regarding the Tasmanian Collection Service RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - TCS PROVIDES the disclosed information is information of a kind that is specified in the Commissioner's determination regarding the Tasmanian Collection Service ONLY IF the disclosed information was included in the credit information file before 24 September 1991 AND the disclosed information is information which indicates that the the individual concerned has defaulted in making a payment in respect of commercial credit AND the disclosure of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file AND the disclosure occurs while the determination is effective (between 25 February 1992 and 24 September 1996) RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - CRAA PROVIDES the disclosed information is information of a kind that is specified in the Commissioner's determination regarding the Credit Reference Association of Australia ONLY IF the disclosed information was included in the credit information file before 24 September 1991 AND the disclosed information is information relating to enquiries or overdue payments in a case where the credit reporting agency cannot reasonably ascertain whether the supplier of information was a credit provider at the time of supply of the information AND/OR the disclosed information is information which indicates that the the individual concerned has defaulted in making a payment in respect of commercial credit AND the disclosure of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file AND the disclosure occurs while the determination is effective (between 25 February 1992 and 24 September 1996) RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - dates of effect PROVIDES the disclosure occurs while the determination is effective (between 25 February 1992 and 24 September 1996) ONLY IF the date of disclosure of the prohibited information IS GREATEREQUAL THAN 25 February 1992 AND the date of disclosure of the prohibited information IS LESS THAN 24 September 1996 RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - clause 2 PROVIDES the disclosure of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file ONLY IF the date of disclosure of the prohibited information IS LESS THAN the date of inclusion of the prohibited information PLUS 5 YEARS RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - TCS - 18L(5) use PROVIDES the used information is information of a kind that is specified in the Commissioner's determination regarding the Tasmanian Collection Service ONLY IF the used information was included in the credit information file before 24 September 1991 AND the used information is information which indicates that the the individual concerned has defaulted in making a payment in respect of commercial credit AND the use of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file AND the use occurs while the determination is effective (between 25 February 1992 and 24 September 1996) RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - CRAA - 18L(5) use PROVIDES the used information is information of a kind that is specified in the Commissioner's determination regarding the Credit Reference Association of Australia ONLY IF the used information was included in the credit information file before 24 September 1991 AND the used information is information relating to enquiries or overdue payments in a case where the credit reporting agency cannot reasonably ascertain whether the supplier of information was a credit provider at the time of supply of the information AND/OR the used information is information which indicates that the the individual concerned has defaulted in making a payment in respect of commercial credit AND the use of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file AND the use occurs while the determination is effective (between 25 February 1992 and 24 September 1996) RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - dates of effect - 18L(5) use PROVIDES the use occurs while the determination is effective (between 25 February 1992 and 24 September 1996) ONLY IF the date of use of the prohibited information IS GREATEREQUAL THAN 25 February 1992 AND the date of use of the prohibited information IS LESS THAN 24 September 1996 RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - clause 2 - 18L(5) use PROVIDES the use of prohibited information does not occur later than five years from the date on which the information was first included in the credit information file ONLY IF the date of use of the prohibited information IS LESS THAN the date of inclusion of the prohibited information PLUS 5 YEARS RULE Privacy Act 1988 Section 18K(4) PROVIDES the information provider is guilty of an offence under section 18K(4) punishable on conviction by a fine not exceeding $150000 ONLY IF the information provider has breached section 18K(1) AND the information provider breached section 18K(1) knowingly or recklessly OR the information provider has breached section 18K(2) AND the information provider breached section 18K(2) knowingly or recklessly RULE Privacy Act 1988 Section 18K(5) PROVIDES IF the information provider is a credit reporting agency AND the credit reporting agency has disclosed personal information about the individual concerned to a person, body or agency (other than the individual concerned) AND the disclosed information is contained in a credit information file relating to the individual concerned THEN according to section 18K(5), the credit reporting agency must include a note of the disclosure in the individual concerned's credit information file RULE Privacy Act 1988 Section 18K(6) PROVIDES the information in the credit report satisfies section 18K(6) ONLY IF the information in the credit report does not include information relating to the individual concerned's commercial activities OR the information in the credit report that relates to the individual concerned's commercial activities is permitted under section 18E to be included in the individual concerned's credit information file /* The reference to 'commercial activities' is VERY difficult to deal with. Section 18E doesn't easily split up information into a commercial/consumer dichotomy. Some broad categories in 18E like court judgments could easily relate to either. For this reason no linking to s18E has been implemented. */ /* No RULEs for section 18K(9) and (10) yet */ GOAL RULE Privacy Act 1988 Section 18L - Use by credit providers PROVIDES DETERMINE IF the information user has breached section 18L(1) DETERMINE IF the information user is guilty of an offence against section 18L punishable on conviction by a fine not exceeding $150000 DETERMINE IF the information user has breached section 18L(3) DETERMINE IF the information user has breached section 18L(4) RULE Privacy Act 1988 Section 18L(1) PROVIDES the information user has breached section 18L(1) ONLY IF the information user is a credit provider AND the credit provider is in possession of a credit report AND/OR the credit provider has been in possession of a credit report AND/OR the credit provider is in control of a credit report AND/OR the credit provider has been in control of a credit report AND the credit provider has used the credit report or personal information derived from the credit report AND the credit provider has used the credit report or personal information derived from the report for a purpose other than assessing an application for credit made to the credit provider by the individual concerned AND one of the exceptions listed in section 18L(1)(a) to (f) does not apply RULE Privacy Act 1988 Section 18L(1) - exceptions PROVIDES one of the exceptions listed in section 18L(1)(a) to (f) applies ONLY IF section 18L(1)(a) applies OR section 18L(1)(b) applies OR section 18L(1)(ba) applies OR section 18L(1)(c) applies OR section 18L(1)(d) applies OR section 18L(1)(e) applies OR section 18L(1)(f) applies RULE Privacy Act 1988 Section 18L(1)(a) PROVIDES section 18L(1)(a) applies ONLY IF the credit report was obtained under section 18K(1)(b) AND the credit provider has used the used information for the purpose of assessing an application for commercial credit made by the individual concerned to the credit provider RULE Privacy Act 1988 Section 18L(1)(a) paraphrase re s.18K(1)(b) PROVIDES the credit report was obtained under section 18K(1)(b) ONLY IF section 18K(1)(b) applies RULE Privacy Act 1988 Section 18L(1)(b) PROVIDES section 18L(1)(b) applies ONLY IF the credit report was obtained under section 18K(1)(c) AND the credit provider has used the used information for the purpose of assessing whether to accept the individual concerned as a guarantor in respect of a loan provided by the credit provider to another person AND/OR the credit provider has used the used information for the purpose of assessing whether to accept the individual concerned as a guarantor in respect of a loan for which an application has been made by another person to the credit provider RULE Privacy Act 1988 Section 18L(1)(b) paraphrase re s.18K(1)(c) PROVIDES the credit report was obtained under section 18K(1)(c) ONLY IF section 18K(1)(c) applies RULE Privacy Act 1988 Section 18L(1)(ba) PROVIDES section 18L(1)(ba) applies ONLY IF the credit report was obtained under section 18K(1)(a), (b) or (c) AND the credit provider has used the used information for the internal management purposes of the credit provider AND the internal management purposes are purposes directly related to the provision or management of loans by the credit provider RULE Privacy Act 1988 Section 18L(1)(ba) paraphrase re s.18K(1)(a), (b) and (c) PROVIDES the credit report was obtained under section 18K(1)(a), (b) or (c) ONLY IF section 18K(1)(a) applies OR section 18K(1)(b) applies OR section 18K(1)(c) applies RULE Privacy Act 1988 Section 18L(1)(c) PROVIDES section 18L(1)(c) applies ONLY IF the credit report was obtained under section 18K(1)(f) AND the credit provider has used the used information for the purpose of assisting the individual concerned to avoid defaulting on the individual concerned's credit obligations RULE Privacy Act 1988 Section 18L(1)(c) paraphrase re s.18K(1)(f) PROVIDES the credit report was obtained under section 18K(1)(f) ONLY IF section 18K(1)(f) applies RULE Privacy Act 1988 Section 18L(1)(d) PROVIDES section 18L(1)(d) applies ONLY IF the credit provider has used the used information for the purpose of the collection of payments that are overdue in respect of credit provided to the individual concerned by the credit provider RULE Privacy Act 1988 Section 18L(1)(e) PROVIDES section 18L(1)(e) applies ONLY IF the credit provider has used the used information for a purpose that is required or authorised by or under law RULE Privacy Act 1988 Section 18L(1)(f) PROVIDES section 18L(1)(f) applies ONLY IF the credit provider believes on reasonable grounds that the individual concerned has committed a serious credit infringement AND the used information is used in connection with the serious credit infringement RULE Privacy Act 1988 Section 18L(2) PROVIDES the information user is guilty of an offence under section 18L(2) punishable on conviction by a fine not exceeding $150000 ONLY IF the information user has breached section 18L(1) AND the information user breached section 18L(1) knowingly or recklessly RULE Privacy Act 1988 Section 18L(3) PROVIDES the information user has breached section 18L(3) ONLY IF the information user is a credit provider AND the credit provider is in possession of a credit report AND/OR the credit provider has been in possession of a credit report AND/OR the credit provider is in control of a credit report AND/OR the credit provider has been in control of a cred