Makes high-risk automated decisions, in New Brunswick

S.N.B. 2017, c. 27, ss. 15, 17-20 · Read the law's page

• These duties bind a credit reporting agency and an end-user, which is any person who receives or uses a credit report from a credit reporting agency, other than the consumer.
• If you are an end-user and the contents of a credit report play a role in denying a benefit, product or service, increasing its cost or making its terms less favourable to the consumer, give the consumer notice within 15 days after taking the action, in person or by mail to the consumer's last known address (s. 15 (1)-(2)).
• If you are a credit reporting agency, within a reasonable time after a consumer's written request disclose the nature and substance of all information you hold about the consumer, its sources, the end-users to whom you provided a credit report in the preceding year and the reports and particulars of those reports, free of charge once per calendar year (s. 17 (1), (5)).
• If a consumer disputes the accuracy or completeness of an item in the consumer's file, use your best endeavours within a reasonable time to confirm or complete it and correct, supplement or delete it in accordance with good practice, and include the consumer's statement of dispute in later credit reports that include the item, subject to the limits in section 19 (ss. 18 (1), 19 (1)).
• If a consumer asks for a security alert, include it in the consumer's file and give it to every end-user to whom you provide a credit report about the consumer; if you are an end-user that receives a report with a security alert, verify that the person involved in the transaction is the consumer before proceeding and record the steps taken (s. 20 (2), (12)-(13)).

S.N.B. 2017, c. 27, ss. 4, 9-11 · Read the law's page

• These duties bind a credit reporting agency, which is a person who for gain or profit provides credit reports or creates and maintains files from which credit reports are directly generated and provided, and, for the consent duties, an end-user that obtains a credit report.
• Do not carry on business as a credit reporting agency unless you are licensed under the Act (s. 4 (1)).
• Provide information from your files only in response to a court warrant or order or an order under the Act, in a credit report to an end-user that has obtained the consumer's consent, or to the consumer to whom it pertains; do not knowingly obtain information from a consumer's file held by an agency except in those circumstances (s. 9 (1)-(2)).
• Adopt all reasonable procedures to ensure accuracy and fairness in the contents of your credit reports, and do not maintain or include information about a consumer's health or medical history or about gender identity or expression, sex, sexual orientation, political belief or activity, creed or religion, race, colour, ancestry or national origin (s. 10 (1)-(2)).
• Include in each credit report the source of each item of information and the source's contact information, or make it readily ascertainable by the consumer, and record both in the consumer's file (s. 10 (4)).
• If you are an end-user obtaining a consumer's consent to release a credit report, tell the consumer the purpose and use of the report, the purpose of any release to a third party, the date the consent takes effect and whether it expires or continues during an agreement; take reasonable steps to verify the consumer's identity and record them; consent obtained by false or misleading information or deceptive practices is void (s. 11 (1), (2), (4)).

S.N.B. 2022, c. 59, ss. 1, 4, 6-8 · Read the law's page

• These duties bind a custodian, which is any person who holds, maintains, processes, receives or stores a digital asset of an account holder; the Act does not apply to a digital asset of an employer that an employee uses in the ordinary course of the employer's business (ss. 1, 2 (2)).
• Give a fiduciary of an account holder access to the account holder's digital asset within 30 days after receiving the fiduciary's written request, proof of identity and the documents the Act lists; you may charge a reasonable fee for providing access, subject to the regulations (s. 8).
• Treat the fiduciary as having the account holder's consent for you to disclose the content of the digital asset to the fiduciary (s. 6 (1) (a)).
• Do not rely on a service-agreement provision that limits a fiduciary's right of access unless the account holder agreed to it by an affirmative act separate from agreeing to the other provisions; otherwise the provision is void, and a provision restricting jurisdiction or venue to a forum outside New Brunswick is void for a dispute about that right (ss. 6 (2) (a), 7 (2)).