Credit Reporting Advice Summaries (April 2002)

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O v Financial Institution [2010] PrivCmrA 18

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Disclosure of personal information

J v Credit Reporting Agency [2010] PrivCmrA 11

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Accuracy of a credit information file

C v Telecommunications Company [2010] PrivCmrA 4

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Listing of incorrect information about a payment default on an individual's consumer credit information file

S v Debt Collection Agency PrivCmrA 22

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Listing of a provable debt on a credit information file

Q v Credit Provider [2009] PrivCmrA 20

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Statute-barred debt listed on an individual’s consumer credit information file

L v Health Service Provider [2009] PrivCmrA 15

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Improper listing of a payment default on an individual's consumer credit information file

Own Motion Investigation v Financial Institution [2009] PrivCmrA 12

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Accuracy of personal information

H v Telecommunications Company [2009] PrivCmrA 10

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Improper listing of a payment default on an individual's consumer credit information file

E v Advertiser [2009] PrivCmrA 5

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Improper listing of a payment default on an individual''s consumer credit information file

D v Finance Company [2009] PrivCmrA 4

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Improper listing of a payment default on an individual''s consumer credit information file

U v Betting Agency [2008] PrivCmrA 21

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Unauthorised access to consumer credit information files

R v Finance Company[2008] PrivCmrA 18

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Improper listing of a payment default on an individual''s consumer credit information file.

Q v Credit Provider [2008] PrivCmrA 17

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Unauthorised access to consumer credit information files or credit reports by a credit provider.

N v Telecommunications Company [2008] PrivCmrA 14

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Listing of a serious credit infringement on an individual''s consumer credit information file.

H v Credit Reporting Agency [2008] PrivCmrA 8

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Accuracy of credit information file.

G v Financial Institutions X and Y [2008] PrivCmrA 7

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Improper disclosure of personal information and accuracy of personal information.

T v Retailer [2007] PrivCmrA 22

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Improper listing of a payment default on an individual''s consumer credit information file.

S v Accounting Firm [2007] PrivCmrA 21

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Improper disclosure of Tax File Numbers

N v Accountancy Firm [2007] PrivCmrA 16

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Improper consumer credit listing

Own Motion Investigation v Bankruptcy Trustee Firm [2007] PrivCmrA 5

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Inadequate protection and improper disclosure of personal information.

W v Credit Provider [2006] PrivCmrA 22

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Re-listing a serious credit infringement on a consumer credit information file.

U v Banking Institution [2006] PrivCmrA 20

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Requirement to take reasonable steps to update and secure personal information.

S v Telecommunications Provider [2006] PrivCmrA 18

Improper listing of a default on a guarantor''s individual consumer credit information file.

S v Telecommunications Provider [2006] 18

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Improper listing of a default on a guarantor''s individual consumer credit information file.

R v Medical equipment supplier [2006] 17

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Improper listing of a payment default on an individual''s consumer credit information file.

R v Medical equipment supplier [2006] PrivCmrA 17

Improper listing of a payment default on an individual''s consumer credit information file.

Q v Financial Institution [2006] PrivCmrA 16

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Security of personal information.

H v Chartered Accountant [2006] PrivCmrA 7

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Improper disclosure of Tax File Number information.

F and G v Taxation Accountant [2006] PrivCmrA 6

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Improper disclosure of individuals'' Tax File Number information.

D v Banking Institution [2006] PrivCmrA 4

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Unnecessary collection of personal information.

A v Credit Provider [2006] PrivCmrA 1

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Improper listing of a payment default on an individual''s consumer credit information file.

S v Credit Provider [2005] PrivCmrA 18

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Commercial credit default listed on consumer credit information file. Enquiry listed without loan application.

Q v Credit Provider B [2005] PrivCmrA 16

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Re-listing of an overdue account on an individual''s consumer credit information file.

OPC v Banking Institution [2005] PrivCmrA 11

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Automated disclosure of personal information following use of incorrect facsimile number.

K v Credit Provider [2005] PrivCmrA 8

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Improper listing of a serious credit infringement on an individual''s consumer credit information file.

B v Credit Provider [2005] PrivCmrA 2

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Statute barred debt listed on consumer credit information file.

H v Credit Provider [2004] PrivCmrA18

Unauthorised payment default listed on consumer credit information file and credit reporting offences

C v Service Provider [2004] PrivCmrA 17

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Payment default listed on consumer credit information file when the individual had not applied for credit

Z v Credit Provider [2004] PrivCmrA 16

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Unnecessary collection of personal information when exchanging a ''cash'' cheque

B v Credit Provider [2004] PrivCmrA 15

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Payment default improperly listed on consumer credit file

U v Major Banking Institution [2004] PrivCmrA 9

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Disclosure of personal information and credit worthiness information / declined to investigate on the basis that the respondent had adequately dealt with the matter.

R v Credit Provider [2004] PrivCmrA 7

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Disputed consumer credit default listing / declined to investigate on the basis that the complaint was made more than twelve months after the complainant became aware of the act or practice.

O v Credit Provider [2004] PrivCmrA 5

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Compensation sought as a result of disputed consumer credit default listing / declined to investigate on the basis that the respondent had not had an adequate opportunity to deal with the complaint.

H v Financial Institution A and B [2004] PrivCmrA 3

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Disclosure of personal information collected prior to commencement of the National Privacy Principles.

K v Major Financial Institution [2003] PrivCmrA 9

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Improper disclosure of an account statement to a third party

I v Major wholesaler [2003] PrivCmrA 7

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Unauthorised access to credit reports held by a credit reporting agency

H v Credit Provider [2003] PrivCmrA 6

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Disputed consumer credit default listing

G v Credit Provider [2003] PrivCmrA 5

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Disputed default on consumer credit information file on the grounds that the amount listed was inaccurate

F v Credit Provider [2003] PrivCmrA 4

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Unauthorised disclosure of credit worthiness information by a credit provider

E v Financial Institution [2003] PrivCmrA 3

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Adequacy of audit trail in relation to access to personal information

Credit Reporting Code of Conduct

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Credit Reporting Determination 1991 No 2 concerning identifying particulars permitted to be included in a credit information file

Determination under the Privacy Act 1988: 1991 No 2 (s.18E(3)) concerning identifying particulars permitted to be included in a credit information file

Credit Reporting Fact Sheet 1: Credit providers (May 1996)

Credit providers Am I a credit provider? How does the law affect agents of credit providers? What are credit providers required to do under the law? Credit reporting Credit providers Under the provisions of Part IIIA of the Privacy Act, credit reporting agencies can generally only give access to personal credit in...

Credit Reporting Fact Sheet 2: Mercantile agents (debt collection agents) (May 1996)

Can a mercantile agent have access to the records held by a credit reporting agency? What information can a credit provider disclose to a mercantile agent? Can a mercantile agent also be a credit provider? Can a mercantile agent have access to the records held by a credit reporting agency? Under Part IIIA of the Privacy Act, a me...

Credit Reporting Fact Sheet 3: Consumer and commercial credit (May 1996)

Why do I need to know the difference between consumer and commercial credit? What is consumer credit? What is commercial credit? How can I tell whether the credit someone has applied for is consumer or commercial credit? What if someone applies for credit for both private and business purposes? Are references between...

Credit Reporting Fact Sheet 4: Customer agreement (May 1996)

In what circumstances do credit providers need to get a customers agreement to their obtaining or disclosing credit information about the customer? Does the customers agreement have to be in writing? Is there a particular form of words that has to be used when obtaining agreement? In what circumstances do credit provider...

Credit Reporting Fact Sheet 5: Authorisation for agents (financial counsellors & others) (May 1996)

Authorisation for agents (financial counsellors and others) Financial counsellors Others (e.g. accountants, solicitors or financial advisers) Authorisation for agents (financial counsellors and others) Under the Privacy Act individuals have the right to obtain access to their credit report held by a credit reporting agency...

Credit Reporting Fact Sheet 6: Disclosure by credit providers of credit worthiness information (May 1996)

What information is protected by the Privacy Act? Do commercial references come within s.18N? What information can be disclosed by a credit provider when verifying application details? What may not be disclosed by a credit provider when verifying application details? Can a credit provider disclose name and address details t...

Credit Reporting Fact Sheet 7: Credit reporting databases (May 1996)

Credit reporting databases What kinds of databases are subject to the Privacy Act? What sort of information can be stored on the database? Who can the information on the database be released to? What else do I need to do? Credit reporting databases This Fact Sheet describes the laws regulating businesses that operate...

Credit Reporting Fact Sheet 8: Access and amendment (May 1996)

Who is affected by the credit reporting provisions of the Privacy Act? How do I access my credit information? Do I have to pay for access to my information? What happens if the information on my file is inaccurate? What can I do if I think a credit reporting agency has not dealt with my access or amendment request properly...

Credit Information Audit Manual Part 3 (March 1995)

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Media Release: Reduce complexity in credit information regulation, says Privacy Commissioner

20 April 2007 The Privacy Commissioner, Karen Curtis, has concluded that, while the credit reporting provisions of the Privacy Act have generally worked well, the regulation of personal credit information could be improved to reduce complexity while still maintaining strong privacy protections. "The protection of credit information...

Media Announcement: Renewal of credit provider determination

31 October 2006 The Privacy Commissioner, Karen Curtis, has today announced the renewal of the credit provider determination concerning Indigenous Business Australia (the IBA Determination). There is no change in the terms of the determination and it will be effective for five years. ''I believe the IBA Determination...

Media Announcement: Commissioner renews two credit provider determinations

31 August 2006 The Privacy Commissioner, Karen Curtis, has today announced the renewal of two credit provider determinations. There is no change in the terms of either of the determinations and both will be effective for five years. "I believe these Determinations appropriately balance the protection of individuals privacy with the needs...

Announcement: Review of Credit Reporting Determinations

The Office of the Privacy Commissioner is currently reviewing its Credit Provider Determinations. The Office has prepared Consultation Papers to assist individuals and organisations to prepare comments for the review. Assignees and Classes of Credit Provider Consultation Paper No. 1 discusses: Credit Provider Determination...

Media Statement: Privacy Commissioner renewed two Credit Provider Determinations

27 February 2006 The Privacy Commissioner has renewed two credit provider Determinations for approximately six months while her Office conducts public consultations. The first Determination " concerning assignees " facilitates credit reporting where a debt is assigned from one business to another. The second Determination " concerni...

Media Release: 65,000 One.Tel debtor default listings dropped from credit records because of inaccuracy

23/8/04 One.Tel in Liquidation has had 65,000 customer default listings dropped from credit records after the Office of the  Privacy Commissioner found that the failed telecommunications company did not have systems in place to update customer credit default listings once a debt had been paid. "Inaccurate credit records can sto...

Media Release: Federal Privacy Commissioner negotiates change in the debt collection practices of Alliance Factoring

4/07/2003 Federal Privacy Commissioner, Malcolm Crompton, announced today that following discussions between his Office and Alliance Factoring that the company has agreed to change its debt collection practices. From now on, people who receive letters of demand from Alliance Factoring, requesting payment of an outstanding debt, will...

Media Release: Privacy Commissioner comments on debt collection practices

10 June 2003 "I am aware that many people are concerned about the processes used by Alliance Factoring when attempting to recover debts that the company bought, last year, from Telstra," said Federal Privacy Commissioner, Malcolm Crompton. "From what we have seen, it appears that Alliance Factoring has sent out letters to people asking t...

Media Release: Case Notes Shed Light on Financial Information Handling

26 March 2003 "Most businesses are keen to do the right thing when we begin to investigate allegations of privacy breaches by them," said Privacy Commissioner, Malcolm Crompton. The Commissioners comments came during the release of case notes that summarise his investigations into two privacy complaints involving peoples financ...

Media Release: Credit Determinations

February 24 2003 The Deputy Federal Privacy Commissioner, Timothy Pilgrim, today announced the gazettal of the Privacy Commissioner''s credit determination: Determination 2003 No 1 Privacy Act 1988, s.11B(1)(b)(v)(B) - Concerning Classes of Credit Providers This determination will be in effect for three years. "There is no change in...

ATO Data-matching Proposal - Banking Transparency

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ATO Data-matching Protocol - Banking Transparency

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Employment Applicant Details Form

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OPC Certified Agreement 2009-10

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Privacy and the AML/CTF Act - FAQ Flier

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Privacy Commissioner's response to ATO Data-matching Proposal - Banking Transparency

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Synopsis of Government Response to ALRC Report 108 – Credit Reporting

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Credit Information Audit Process

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Privacy Law in Evolution: Across the Pacific

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Speech by Karen Curtis, Privacy Commissioner, at the Australasian Banking and Financial Services Law Association Annual Conference, Gold Coast, 31 July 2009

The Privacy Act - implications for auditing financial institutions

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a speech delivered by Brant Pridmore, Director Compliance, to AFIAA Conference, Sydney, 24 June 2002.

New privacy legislation-impact on superannuation funds

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a speech delivered by Malcolm Crompton, Privacy Commissioner to a luncheon hosted by the Association of Superannuation Funds of Australia, NSW Branch, Sydney, 2 August 2001

New Privacy Legislation: Implications for Super Funds

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a lunchtime seminar for members of the Association of Superannuation Funds of Australia (ASFA) Queensland Division, delivered by Malcolm Crompton, Privacy Commissioner,26 April 2001

Association of Superannuation Funds of Australia (ASFA)

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Victorian Division. Wednesday 22 November 2000

Green Paper on National Credit Reform; Submission to the Department of the Treasury (September 2010)

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Exposure Draft Personal Property Securities Bill 2008; Submission to the Senate Legal and Constitutional Affairs Committee (December 2008)

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December 2008 Key Recommendations The Office recommends that the proposed Personal Property Securities Bill 2008 (the PPS Bill) should: Cleary identify the information to be contained on the Personal Property Securities Register (the PPS Register), to ensure that the information is limited to that...

Consultation on Personal Property Securities Bill and Commentary (Consultation Draft); Submission to the Attorney-General's Department (August 2008)

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August 2008 Executive Summary General privacy issues The Office suggests that: a Privacy Impact Assessment be conducted to help identify potential privacy issues and suggest solutions the proposed Registers potential status as a generally available publication be clarified how the Privacy Act will apply to per...

Review of Code of Banking Practice; Submission to the Review of the Australian Bankers' Association Code of Banking Practice (August 2008)

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August 2008 Office of the Privacy Commissioner 1. The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act), has responsibilities for the protection of individuals person...

Submission to the Australian Law Reform Commission's Review of Privacy - Issues Paper 32 Credit Reporting Provisions (April 2007)

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April 2007 Mr Alan Kirkland Executive Director Australian Law Reform Commission GPO BOX 3708 SYDNEY NSW 2001 Dear Mr Kirkland, I refer to your request of 12 December 2006 for submissions to the A...

Review of the law on Personal Property Securities, Discussion Paper 1, Registration and Search Issues; Submission to the Attorney-General's Department (February 2007)

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Discussion Paper 1 Registration and Search Issues Comments to the Attorney-Generals Department February 2007 Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, establish...