Consultation on Australian Retail Credit Association Authorisation A91482

23 March 2015

Our reference:

Dr Richard Chadwick
General Manager, Adjudication Branch
Australian Competition & Consumer Commission
23 Marcus Clarke Street

Dear Dr Chadwick

Consultation on Australian Retail Credit Association Authorisation A91482

Thank you for providing the Office of the Australian Information Commissioner (OAIC) the opportunity to comment on the Australian Retail Credit Association’s (ARCA) application for authorisation in relation to the establishment the Principles of Reciprocity and Data Exchange (PRDE).

The OAIC is responsible for privacy functions that are conferred by the Privacy Act 1988 (Privacy Act) and other laws. As part of its privacy functions, the OAIC is responsible for administering the credit reporting provisions in Part IIIA of the Privacy Act. Part IIIA sets out the specific types of personal information that credit providers and credit reporting bodies are permitted to collect about an individual for the purpose of inclusion in that individual’s credit report. That Part also determines who is permitted to access an individual’s credit report and for what purposes. It also provides privacy safeguards in relation to the handling of the information. Part IIIA is supplemented by a binding code, known as the Privacy (Credit Reporting) Code 2014 (CR code), that was developed by ARCA and registered by the OAIC.

During the registration process for the CR code, the ARCA advised the OAIC about its intention to develop an industry code, the PRDE. The ARCA has engaged the OAIC throughout the development of the PRDE. However, we note that the OAIC will not be responsible for enforcing the obligations in the PRDE.

While the OAIC does not have any specific comments regarding ARCA’s application for authorisation relating to the establishment of the PRDE at this time, we would be happy to answer any questions the ACCC has about the PRDE and that relate to the OAIC’s privacy functions. Please contact Este Darin-Cooper, Director, Privacy Law and Practice on [contact details redacted] for that purpose.

Yours sincerely

Timothy Pilgrim
Australian Privacy Commissioner
23 March 2015

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