s 75 Duties relating to borrower information
75.—(1) The designated credit bureau and any of its officers or employees must not use any borrower information received from any licensee except for the purpose of —(a) producing and delivering a credit report under section 74, a business report under section 74A or a loan information report under section 77; [Act 38 of 2023 wef 01/03/2024] (b) correcting the data in the possession or under the control of the designated credit bureau under section 78(6); [Act 38 of 2023 wef 01/03/2024] (c) disclosing the borrower information in such form as directed by the Registrar under section 81; or[7/2018] [Act 38 of 2023 wef 01/03/2024] (d) discharging the functions of the designated credit bureau under section 57.[Act 38 of 2023 wef 01/03/2024] (2) Subject to section 77(3A), the designated credit bureau and any of its officers or employees must not disclose (whether in the form of a credit report, business report or loan information report or otherwise) any borrower information received from any licensee to any person except —(a) to a licensee, to the extent that the borrower information has been required or permitted to be disclosed under section 74 or 74A;[Act 38 of 2023 wef 01/03/2024] (b) to the person to which the borrower information relates under section 77; (c) to the Registrar, in accordance with section 80; or (d) to a public agency, to the extent that the borrower information has been directed by the Registrar under section 81(2)(c) to be disclosed to that public agency, and in accordance with any condition specified by the Registrar under section 81(3).[7/2018] [Act 38 of 2023 wef 01/03/2024] (2A) Nothing in subsections (1) and (2) prevents the designated credit bureau that is a licensed credit bureau under the Credit Bureau Act 2016 from using or disclosing any borrower information that is also customer information within the meaning given by that Act, if the use or disclosure of such information is required or permitted by or under that Act.[Act 38 of 2023 wef 01/03/2024] (3) Despite anything in this section, an officer or employee of the designated credit bureau may disclose borrower information received from a licensee to another officer or employee of the designated credit bureau, if the disclosure is solely in connection with the performance of the duties of that officer or employee, as the case may be.[7/2018] (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case, to a fine not exceeding $250,000.[7/2018] (5) This section applies to any data received by the designated credit bureau in a request under section 78(1) as it applies to borrower information received from any licensee.[30W [7/2018]