delinquent records by third parties without legitimate interest to the bank
is very common in Spain to talk about what is unknown, and often I meet folks who have a nasty habit of speaking someone else's money as if they were the bankers of the family, making estimates of account balances, investments , valuation of property, etc. In other cases, these investigations go further, referring to files in search of air power debts between friends and acquaintances, in order to harm the image of the person concerned.
this respect it is important to know that credit files can only be accessed by people with a legitimate interest and that such disclosures are recorded on credit files so that if we ask our data will appear exactly where they come consutado. In this regard, the Data Protection Agency finds that,
The consultation of files relating to compliance or non-monetary obligations
is regulated in Article 42 of the Regulation, which states: Access to information
contained in the file.
1. The data contained in a common file may only be accessed by others when they need to judge the financial capacity of the affected. In particular, we consider that such circumstance in the following cases:
a) That the person concerned maintained with the third some kind of contractual relationship that has not yet expired.
b) That the person concerned with the third party intends to enter into a contract involving deferred payment price.
c) That the person concerned intends to engage with the third party providing a regular revenue service.
2. Third parties must report in writing to the people you attend the cases referred to in points b) and c) above of his right to consult the file.
In the case of purchasing directly from the goods or services referred to above, information over may be unwritten, corresponding to the third test of duty to inform. "
Consequently, the consultation of the personal data in a common file
to assess the financial capacity of concerned, provided that there is a duty of information to which reference has been made, is protected by Article 29.4 of the Data Protection Act and therefore need not seek the consent of the person concerned to carry it out.
However, it should be noted that the three cases mentioned in Article 42,
where consultation is allowed credit file without the consent of the person concerned, based on the wording of that provision, are not an exhaustive and closed, admitting that other cases may also find the existence of a legitimate interest to carry out the consultation to the common.
In short, it is intended that the consultation is not indiscriminate and that in any case, such consultation
respond to the existence of a legitimate interest that can reasonably be achieved through access to information contained in the file of solvency and credit.
0 comments:
Post a Comment