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can credit unions provide the names of defaulters to the rest of its members ?
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Fran JustAnswer Moderator
No.All information must be kept confidential.No credit union official may disclose any information about a member.Section 71 of the 1997 Credit Union Act sets out that:during his term of office or at any time thereafter, an officer or voluntary assistant of a credit union shall not disclose or permit to be disclosed any information which concerns an account or transaction of a member with, or any other business of, the credit union.There are exceptions and these include things like if the information is needed for a court case or if it is used in such a way that the individual can not be identified.The relevant section of the Act is below:
71.—(1) Subject to subsection (2), during his term of office or at any time thereafter, an officer or voluntary assistant of a credit union shall not disclose or permit to be disclosed any information which concerns an account or transaction of a member with, or any other business of, the credit union.
(2) Subsection (1) does not apply to a disclosure of information—
(a) if or to the extent that it is necessary for the proper conduct of the business of the credit union; or
(b) which is required by a court in connection with any proceedings; or
(c) which is made with the consent of the person to whom the information relates and, where not the same person, of the person from whom the information was obtained; or
(d) which, in a case where the credit union is acting or has acted as agent for a person, is made to that person in respect of that capacity; or
(e) where the information is in the form of a summary or collection of information and is so framed as not to enable information relating to a particular member to be ascertained from it; or
(f) which, in the opinion of the Registrar, is necessary for the protection of the funds of shareholders in or depositors with the credit union or to safeguard the interests of the credit union; or
(g) which is made to the Registrar for the purposes of his functions in relation to credit unions.
(3) As soon as practicable after the beginning of his term of office or, in the case of any person whose term of office began before the commencement of this section, after that commencement, every officer or voluntary assistant of a credit union shall, in such manner as the Registrar may determine—
(a) be informed by the credit union of his obligations under this section; and
(b) in writing acknowledge that he has been so informed and understands his obligations.
(4) Any reference in the preceding provisions of this section to a term of office means—
(a) in relation to an officer who is an employee, the period of his employment; and
(b) in relation to a voluntary assistant, the period during which he is engaged in the operation of the credit union.
(5) A person who contravenes subsection (1) shall be guilty of an offence.
(6) In any proceedings for an offence under this section, the onus of proving that any of the paragraphs of subsection (2) excludes a disclosure from subsection (1) shall lie on the person who made or permitted the disclosure.
Experience: Diploma in Law. Barrister at Law Degree. Practice in most areas of civil law.