Law No. 172-13 on the Protection of Personal Data
Chapter II: Rights of data subjects and duties of controllers – Law No. 172-13 on the Protection of Personal Data

Law No. 172-13 on the Protection of Personal Data 25: Complaint procedure for credit reports

What does 25 require?

A data subject who disputes a SIC or credit-scoring report may complain in writing or by bailiff's notice, identifying the records and attaching evidence. The SIC forwards the complaint to the data provider's specialised unit within ten business days and marks the record 'Registro Impugnado por Habeas Data'; the provider answers in writing within ten business days, failing which the SIC modifies or removes the data as requested; a provider accepting the complaint corrects its own database and informs the SIC; a partial or full rejection is reasoned and a copy goes to the data subject within five business days; the mark stays until the provider authorises correction or a final judgment favours the data subject, after which the SIC corrects within five business days; SIC errors are corrected within five business days; re-inclusion requires the provider's supporting evidence and notice to the data subject with a new report; a corrected data subject gets a free new report; for data from public bodies the SIC verifies and corrects within fifteen business days; the data subject has ten business days after exhausting the procedure to go to court. A SIC need not re-process a complaint already handled and does not arbitrate between the parties.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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