Credit Reporting Agencies Act: Your Rights
SUMMARY OF RIGHTS
CREDIT REPORTING AGENCIES ACT 2010
The Credit Reporting Agencies Act 2010 promotes fairness, accuracy and privacy in the practice of credit reporting. Credit reporting agencies collect and disclose information about you, such as a failure to pay your bills or if you have been made bankrupt. The Act, gives you specific rights, most of which are summarized as below.
Warning: This is only a generalized summary. If there is a difference, conflict or contradiction between this summary and any provision of the Act, the provision of the Act shall prevail.
You must be informed by the credit reporting agency by way of a notice which states;
- that credit information is being processed by or on behalf of the credit reporting agency together with its description;
- the purpose for which the information is being processed;
- the source of such information;
- of how you can contact the credit reporting agency in case you have any inquiries or complaints;
- you have the right to access to such information and also have the right to request the credit reporting agency to correct your credit information; and
- to whom the credit information will be disclosed.
Your credit information cannot be collected and used for any purpose other than what is provided under the Act.
This means that a credit reporting agency, may only collect and use your credit information to prepare a credit report to assess your credit worthiness, which includes but not limited, to any history of failure or diligence regarding payment of your bills (reputational collateral). Your credit information cannot be used or disclosed by any credit reporting agency for purposes other then what is permitted under the Act. An example of such activity includes but not limited to, is disclosing your credit information for direct marketing purposes. In the event that you have information regarding the occurrence of such practice then a complaint may be forwarded to the Registrar.
Your consent must be obtained before a credit reporting agency can disclose/reveal your credit information.
This means that a credit reporting agency must get your consent before they can submit your credit report to their subscribers.
Your credit report can only contain information according to the Act.
This means that a credit reporting agency cannot include such credit information in their report regardless whether you have given consent or not;
- if the source of such credit information is not included in the report;
- if such credit information is regarding any pending proceedings in court more than two years after the proceedings began that has yet to be settled;
- if such credit information is regarding any default in repayment of credit two years after the date of final settlement of the amount in default.
Your right to request from a credit provider information regarding reasons of unfavorable credit action.
This means that if a credit provider has taken an unfavorable credit action against you for example; rejects your application for a loan, and that rejection was based on a credit report provided by a credit reporting agency, then you have the right to be informed of the identity of the credit reporting agency. You have the right to access the said credit report.
Your right to access credit information or credit report
This means that you have the right to have access to your credit information or credit report from a credit reporting agency which holds or have processed your credit report. However the credit reporting agency must verify your identity and confirm that such information is indeed in their database before complying. Upon your request and upon payment of any fee which may be prescribed by the agency in custody of your credit information.
Your right to dispute incorrect credit information
This means that if your credit report which was disclosed to the credit provider in response to the application for credit made by you, and such credit report contain incorrect information, you then have the right to challenge such credit report according to the procedures provided under the Act.
Office of the Registrar for Credit Reporting Agency:
Enquiries line : 03-88906560/6561
Fax : 03-88906423
Web address : www.treasury.gov.my
Postal address : Level 1, Treasury 2, Ministry of Finance Complex, No. 7, Persiaran Perdana, Precinct 2, 62590, Putrajaya