ODPC COMPLAINT NO. 0833 OF 2023
1. Introduction
This case involves a complaint regarding inaccurate credit information maintained by a credit reference bureau. The complainant alleged that erroneous loan data was affecting his creditworthiness, while the respondent maintained the information was properly obtained from a financial institution and couldn’t be altered without their instruction.
Table of Contents
2. Nature of Complaint
The complainant alleged:
- An erroneous non-performing loan was listed on his credit report since 2017
- The loan resulted from another member’s debt being settled through his savings without authorization
- He had challenged this action before the Cooperatives Tribunal
- Despite complaints since 2019, the credit bureau maintained the inaccurate information
- The inaccurate data was affecting his current credit applications
3. Analysis of Evidence
Complainant’s Position
- Provided email correspondence with the bureau dating back to 2019
- Demonstrated ongoing legal dispute with the originating financial institution
- Showed evidence of the negative impact on his creditworthiness
Respondent’s Defense
- Asserted they are legally bound to maintain information as provided by financial institutions
- Cited Banking (Credit Reference Bureau) Regulations 2020 as preventing unilateral data modification
- Demonstrated they followed proper dispute resolution procedures
- Showed the originating institution confirmed the accuracy of the data
- Highlighted their compliance with data protection requirements
4. Issues for Determination
- Whether the complaint regarding inaccurate credit data is merited
5. Final Determination
The Data Commissioner found:
- The complaint relates to an ongoing case before the Cooperatives Tribunal
- The ODPC cannot adjudicate matters pending in other dispute resolution forums
- The credit bureau followed proper procedures under applicable regulations
- The data exchange between institutions was legally justified
Orders:
- Complaint dismissed
- Complainant may relodge complaint after conclusion of tribunal case
- Both parties retain right to appeal
6. Significance and Impact
Credit Reporting
- Clarifies limitations of ODPC jurisdiction when matters are before other tribunals
- Reinforces credit bureaus’ obligations under banking regulations
Data Accuracy
- Highlights challenges in correcting credit information when source disputes exist
- Shows need for coordination between data protection and financial regulators
Dispute Resolution
- Demonstrates proper procedure for credit information disputes
- Emphasizes importance of exhausting sector-specific remedies first
Broader Impact: This case illustrates the complex interplay between data protection rights and sector-specific financial regulations, particularly when disputes originate from financial institutions rather than credit bureaus themselves.
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