United KingdomConsumer Credit Act 1974, credit reference agency duties to give a consumer a copy of the file and to correct wrong entries
Consumer Credit Act 1974 (c. 39), ss. 158 and 159
In force since .
A data brokers rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Data subject rights, Disclosure
What it requires
- If you are a credit reference agency, give a consumer that asks in writing, supplies particulars enabling you to identify the file and pays the fee, a copy of the file you keep on that consumer within the prescribed period, in plain English (section 158(1) and (5)).
- If you are a credit reference agency, give the consumer, with the copy of the file, a statement in the prescribed form of the consumer's rights under section 159 (section 158(2)).
- If you are a credit reference agency and keep no file relating to the consumer, give the consumer notice of that fact (section 158(3)).
- If you are a credit reference agency and an individual who considers that an entry in the file is incorrect and likely to prejudice the individual gives you notice, inform the individual within 28 days that you have removed the entry, amended it or taken no action (section 159(1) and (2)).
- If you are a credit reference agency and the objector serves a further notice, add to the file an accompanying notice of correction of not more than 200 words and include a copy of it when furnishing information based on that entry, or tell the objector within 28 days that you intend to comply or apply to the relevant authority (section 159(3) to (5)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
An agency that contravenes any provision of section 158 commits an offence (section 158(4)).
What this law does
Under section 158(1) of the Consumer Credit Act 1974, a credit reference agency must give a consumer a copy of the file it keeps on that consumer, within the prescribed period after receiving a written request, particulars identifying the file and a fee of £2. In section 158, a consumer means a partnership consisting of two or three persons not all of whom are bodies corporate, or an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.
With the copy of the file, the agency must also give the consumer a statement in the prescribed form of the consumer's rights under section 159. An agency that does not keep a file relating to the consumer must give the consumer notice of that fact. An agency that contravenes any provision of section 158 commits an offence.
Under section 159(1), an individual who is given information by a credit reference agency under Article 15(1) to (3) of the UK GDPR or under section 158, and who considers that an entry in the file is incorrect and that if it is not corrected the individual is likely to be prejudiced, may give notice requiring the agency to remove the entry from the file or amend it.
Within 28 days after receiving that notice, the agency must inform the objector by notice that it has removed the entry, amended the entry or taken no action. Within 28 days after receiving the agency's notice, the objector may require the agency to add to the file a notice of correction not exceeding 200 words. The relevant authority under section 159 is the FCA where the objector is a partnership or other unincorporated body of persons, and the Information Commission in any other case.
A person to whom an order under section 159 is directed commits an offence if the person fails to comply with it within the period specified in the order.
When LexLint raises it
When your app profile says your app processes personal data or provides financial services.
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