Privacy and Freedom of Information (FOI)
Privacy rules
The PPS Register, the PPS Registrar, Insolvency and Trustee Service Australia and the Australian Government Attorney-General’s Department are subject to the Privacy Act 1988 (Cth) which requires that Australian government agencies comply with the Information Privacy Principles (IPPs) set out in the Act.
The Privacy Act recognises the importance that individuals place on the manner in which Federal and ACT government agencies treat their personal information and imposes stringent standards to which agencies must comply. Within the Act, 11 IPPs govern the collection, storage, use and disclosure of personal information by Federal and ACT government agencies, as well as providing individuals with certain rights to access their personal information and correct errors.
All Australian government agencies are committed to protecting privacy online in accordance with the Office of the Australian Information Commissioner.
Australian Consumer Law
PPS reform and the PPS Act work in harmony with the Australian Consumer Law (ACL) which commenced on 1 January 2011. For more information about the ACL visit the Australian Consumer Law website.
Searching the PPS Register
If you are searching for security interests on the PPS Register by using the name of an individual grantor (for example, a sole trader), you must have an authorised purpose as set out in section 172 of the PPS Act. For more information on searching, visit Searching the PPS Register or How do I get started on a search?
Privacy and registering
Registrations must meet the requirements of the PPS Act to be effective. Section 151 of the PPS Act describes the requirements for a person to make a registration. It states that the person making a registration must hold the belief on reasonable grounds that the person described in the financing statement or financing change statement that describes the collateral is or will become a secured party in relation to the collateral.
There are other restrictions on access to information on the PPS Register. Under section 170 of the PPS Act and regulation 5.7 of the PPS Regulations, access to data on the PPS Register about certain financing statements may be prohibited if there is a court order, or there is a decision of the Registrar prohibiting access in the public interest.
To make a registration on the PPS Register, visit the How to Register page for more information.
The use of personal information
What information goes into the PPS Register about me?
For a commercial transaction, the PPS Register will record the following information:
- In most cases, grantors will be described by the relevant numeric identifier, such as an Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Registered Scheme Number (ARSN).
- An individual’s name and date of birth (eg, if a sole trader).
- A serial number by which the goods must be described (if applicable).
For a consumer transaction, the PPS Register will record the following information:
What information does the PPS Register hold?
The name and date of birth is held but the home or business address information of an individual or organisation grantor is not held.
What information about me will people who use the PPS Register see?
For commercial transactions, people will see the serial number of the collateral (if relevant), the relevant identifier of an organisation grantor (ABN, ACN etc) and its name if verified with the Australian Securities and Investments Commission (ASIC) or the Australian Business Register (ABR) and in the case of a sole trader, the name of the individual.
For consumer transactions, a search of the PPS Register will show either the serial number of the collateral (eg in the case of motor vehicle or boat), or that an individual grantor exists for the registration (the name and date of birth are not shown in a search result).
NB. The name and date of birth will appear where they have been entered as search criteria, but not in the grantor details of the search result. Therefore, the person searching must already have the correct name and date of birth in order to conduct the search.
Freedom of Information
The Insolvency and Trustee Service Australia has operational responsibility for the PPS Register. Details regarding freedom of information may be found on the ITSA website.