BrazilPositive Credit Registry Law, rights of the registered person
Lei nº 12.414, de 9 de junho de 2011 (Lei do Cadastro Positivo), arts. 5º and 6º
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights, Disclosure
What it requires
- Cancel or reopen a registry when the registered person asks, free of charge, within 2 business days, and pass the request to the other managers.
- Let the registered person access free of charge, without giving a reason, the information held, including the credit history and credit score, and provide it within 10 days.
- Correct or cancel, within 10 days and in every database that shared it, an entry that the registered person challenges as wrong.
- On request, give the registered person all the information held, its sources, the managers it was shared with, every enquirer that accessed it in the previous 6 months, a summary of the person's rights and confirmation of any cancellation.
These lines are LexLint's reading of the law's text.
What this law does
The registered person may obtain the cancellation or reopening of the registry when requested. The registered person may access free of charge, without giving a reason, the information held, including the credit history and the credit score. The registered person may challenge an entry recorded in error and have it corrected or cancelled within 10 days in every database that shared the information.
A manager that receives a cancellation or reopening request must act on it within 2 business days and pass it to the other managers, which must meet it within the same period. On request a manager must give the registered person all the information held, its sources, the managers it was shared with and every enquirer that had access to it in the previous six months. The period for giving the sources, the managers shared with, the enquirers and the summary of rights is 10 days.
When LexLint raises it
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