Moneylenders Act 2008 · 2020 Revised Edition · Part 3A · Collection, Use and Disclosure of Borrower Information and Data
81. Disclosure of borrower information and data to public agencies
Feedback & supportLast amended by an amending law of 2018.
A public agency may make a request to the Registrar for information relating to any borrower or class or description of borrowers, or any loan or class or description of loans, for the purpose of policy formulation or review.
public agency
“public agency” means —(a)the Government, including any ministry, department and agency of the Government;(b)any statutory body; or(c)any Organ of State;
Upon the receipt of a request under subsection (1), the Registrar may —
Registrar
“Registrar” means the Registrar of Moneylenders appointed under section 4 and includes a Deputy Registrar of Moneylenders and an Assistant Registrar of Moneylenders appointed under that section;
direct any licensee under section 72 to submit any borrower information of the licensee to the Registrar, and disclose all or any of the borrower information to the public agency;
direct the designated credit bureau under section 80 to provide any data in the possession or under the control of the designated credit bureau to the Registrar, and disclose all or any of the data to the public agency; or
direct the designated credit bureau, by written notice, to disclose to the public agency any data in the possession or under the control of the designated credit bureau in such form as the Registrar may direct.
The direction under subsection (2)(c) may be made subject to any condition that the Registrar may specify in the notice.
The Registrar must not disclose any borrower information or data under subsection (2)(a) or (b), or direct the disclosure of any data under subsection (2)(c), unless the Registrar —
borrower information
“borrower information”, in relation to a licensee, means —(a)any information relating to a person or a loan applied for or granted to that person, that is in the possession or under the control of the licensee;(b)any information relating to a person or a loan, that is obtained by the licensee under section 66;(c)the prescribed information mentioned in section 68(1)(a) relating to the repayment of a loan granted by the licensee, or any instalment of such repayment; or(d)the prescribed information mentioned in section 68(1)(b) relating to any writing off of any debt arising from a loan granted by the licensee,but excludes any information that is not referable to any named person or named group of persons;
is satisfied that the borrower information or data is necessary for policy formulation or review by the public agency; and
is satisfied that the public agency is not able to obtain the borrower information or data under any other written law.
Despite anything in subsection (4), the Registrar must not disclose under subsection (2)(a) or (b) any personal data, or direct the disclosure under subsection (2)(c) of any personal data, unless the Registrar is satisfied that the policy formulation or review to be conducted by the public agency cannot reasonably be accomplished without the personal data being provided.
data
“data” means —(a)borrower information of a licensee;(b)any information in a credit report;(c)any information in a loan information report; or(d)any information relating to a person or a loan, that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report or loan information report;
In this section, “personal data” means data about an individual who can be identified from that data.[30ZC