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TIO position statements

20 March 2014

To coincide with the Privacy amendments that came into effect on 12 March 2014, we have developed three position statements relevant to privacy and credit reporting. The position statements take into account the amended Privacy Act, as well as the new Credit Reporting Privacy Code and the APP guidelines issued by the Office of the Australian Information Commissioner (OAIC).

We have consulted with industry and consumer representatives on these three position statements over the past few weeks.

We are pleased to release the following three new position statements:

  1. Credit information and credit reporting (before 12 March 2014)
  2. Credit information and credit reporting (from 12 March 2014)
  3. Personal information (Australian Privacy Principles).

The scope of each of these position statements is outlined below.

Title of position statementScope of position statementReplaces existing position statement
Credit information and credit reporting (before 12 March 2014)TIO complaints about events that happened before 12 March 2014. This position statement covers rules from the previous Privacy Act and previous Credit Reporting Code.Disputed default listings
Credit information and credit reporting (from 12 March 2014)TIO complaints about events that happened on or after 12 March 2014. This position statement covers rules from the amended Privacy Act and new Credit Reporting Privacy Code.Disputed default listings
Personal information (Australian Privacy Principles)TIO complaints about events that happened on or after 12 March 2014. This position statement covers rules from the amended Privacy Act and the OAIC APP Guidelines.N/A

The three position statements are the first set to be released as part of the TIO’s wider position statements review, to be completed by the end of 2014.

TIO position statements provide broad guidance on the law, good industry practice, and what the TIO may consider to be fair and reasonable in general circumstances. TIO position statements are not a full statement of the law or good industry practice. The TIO considers each matter brought to it on its own particular merits.

Disputed credit default listing

case study - credit listing

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