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data protection act

  • 06-08-2008 6:19pm
    #1
    Closed Accounts Posts: 363 ✭✭


    What happens if factual data recorded is wrong. What right is there to correct it if the other person claims it true?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Difficult question, depends on what data it is. In general terms it should be rectified. There are about 14 categories of data. So how long is a piece of string?


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    Any data relating to you that is data as defined by the data protection act and is held in computer form or record or document etc, you are entitled to have amended or corrected under the data protection act.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I can give you an example where a data holder will refuse to fix inaccuate records. Look at the ICB, they won't correct a data record it holds unless the person who supplied the original info i.e. the bank etc corrects it. Surely that flies with the DPA
    See http://www.icb.ie/credit_rating.php#q09


    9. What if there is a mistake on my report?

    Mistakes can and do happen. They may be caused by either you or your lender.

    you might make a mistake in completing your direct debit form and miss a loan repayment on the due date;
    or
    your lender might have agreed to let you postpone payments for a period, but forgot to change the report it sends to ICB.

    By law, financial institutions must ensure that information they hold or give to anyone else about you is correct and up to date. So you have the right to insist that they correct any incorrect information about you.

    If you find a mistake in your report, ask your lender to write to the ICB with details of the change, and request a copy of their letter.

    Most lenders will act to correct any mistake and amend your credit report immediately however, if you experience problems or delays or if your lender fails to put things right for you, you can consider making a formal complaint and referring the matter to the Office of the Data Protection Commissioner.

    Please note: ICB cannot change your credit report unless a lender requests it to do so in writing

    Surely if you confront the ICB with the corrected info they must change it?


  • Registered Users, Registered Users 2 Posts: 1,330 ✭✭✭gaz wac


    Just a quick questions on this, how do you find out what they have on file for you ??


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Write to the data holder and ask for a copy of all data they hold on you. State you are making the request under the Data Protection Act 1988. You must enclose the fee of €6.35 .


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