New COSL Rules about privacy-related complaints

The Credit Ombudsman Service (COSL) has amended its rules to deal with privacy-related complaints against its members.

Relevantly, the amendments include

  • The scheme may in its discretion decide that the financial services provider compensates the complainant for indirect or non-financial loss or damage, where the scheme is satisfied that the financial services provider has interfered with the complainant’s privacy or expectation of peace of mind.
  • The Credit Ombudsman can make an order requiring the financial services provider to do or to refrain from doing some act in relation to the subject matter of the complaint, and, in relation to privacy-related complaints, make an order that is generally consistent with the declarations available to the Information Commissioner when he or she makes a determination under section 52 of the Privacy Act 1988.
  • COSL must provide OAIC with such information that it requires in relation to serious or repeated interferences with privacy and systemic issues and data on privacy-related complaints.
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