Ley de Regulación de los Servicios de Información sobre el Historial de Crédito de las Personas, rights of consumers over credit-history data
Ley de Regulación de los Servicios de Información sobre el Historial de Crédito de las Personas (Decreto Legislativo No. 695 of 2011) arts. 4(a), 19(h), 20-25 and 28-30
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Consent, Disclosure
- Audit expectation
- none
What it requires
- If you hold credit-history data on consumers or clients, tell a consumer or client who proves their identity whether you are processing their credit-history information, and give them a copy when they ask.
- Rectify or delete a credit-history record that is unlawful, erroneous, unjustified or inaccurate when the consumer or client asks, and answer a request for access, rectification, modification or cancellation within five business days.
- Do not use, transfer, share or market the credit-history information in your database without the express consent of the person it concerns.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 20 to 25 let a consumer ask the economic agent or information agency for access, rectification, modification or cancellation and set a five business day answer (art. 22). None of the cited provisions requires the agent or agency to keep a log, audit it or report on it.
- Kind
- None
- As of
What this law does
The credit-history law, Decreto Legislativo No. 695 of 2011, gives a consumer or client who proves their identity the right to know whether information on their credit history is being processed and to obtain a copy. The credit-history law gives the consumer the right to have records that are unlawful, erroneous, unjustified or inaccurate rectified or deleted.
The credit-history law lets a consumer or client exercise the rights of access, rectification, modification and cancellation before the economic agent, the data information agency, the financial system supervisor or the consumer ombudsman. The credit-history law requires the economic agent or data information agency to answer a consumer's request within five business days.
The credit-history law lets a consumer turn to the consumer ombudsman when the five business days pass without an answer or the answer does not satisfy them. The credit-history law treats ignoring a consumer's request for access, rectification, modification or cancellation as a grave infraction. The credit-history law punishes a grave infraction with a fine of one hundred to three hundred monthly urban commerce and services minimum wages.
The credit-history law forbids an information agency to use, transfer, share or market a person's data in its database without the express consent of the person. The decree was published in Diario Oficial No. 141, Tomo 392, on . The decree entered into force ninety days after its publication in the Diario Oficial.
When LexLint raises it
When your app profile says your app processes personal data or provides financial services.
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