Privacy complaints in financial services

Case notes published by the Privacy Commissioner this year give examples of the types of complaints made relating to financial services:

In G v Financial Institutions X and Y [2008] PrivCmrA 7 the complaint related to the disclosure of a person’s information under significant cash transaction reports to AUSTRAC. Although 1 of the financial institutions made an error in respect of the person’s occupation (which it corrected) the OFPC decided that both organisations were required by law to make such disclosures and could rely on the exception in National Privacy Principle 2.1(g).

In R v Finance Company [2008] PrivCmrA 18 the complainant alleged that the finance company as a credit provider listed a payment default on the complainant’s credit information file held by a credit reporting agency without sending prior written notice advising the complainant their account was overdue. As the finance company was able to provide evidence to indicate that the listing was made on the complainant’s credit information file in accordance with section 18E(1) of the Privacy Act, the Commissioner declined to investigate the matter under section 41(1)(a) of the Privacy Act.

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