Including data in files on creditworthiness: controversial issues. Criticism of the Supreme Court judgment of 15 july 2010
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Vol 21 No 2 (2012), Commentaries and reports
Submitted: 24-01-2013
Accepted: 24-01-2013
Abstract
The RD 1720/2007 of the 21 of December, which approves the regulations on development of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, shedding light on doubts emerged after the redaction of article 29 of the LOPD concerning the files solvency and creditworthiness and the requisites to include a debt in one of these files.
After the appeal filed by way of administrative-contentious law against the Royal Decree 1720/ 2007 by ASNEF (the Spanish bankers' organization), the Supreme Court passed a sentence the 15 of July 2010 canceling the last section of articles . 38.1 a) and . 38.2, referring to requisites for the inclusion of data in files of patrimonial solvency, as well as the impossibility of handing them over if any sort of judicial, arbitral or administrative reclamation has been considered, or in the case of the existence of any proof which could in the form of evidence give the impression that the debt is false, expired, chargeable and unpaid. However it’s considered that the sentence referred, contradicts with other norms or considerations taken by it, having conceptual errors
After the appeal filed by way of administrative-contentious law against the Royal Decree 1720/ 2007 by ASNEF (the Spanish bankers' organization), the Supreme Court passed a sentence the 15 of July 2010 canceling the last section of articles . 38.1 a) and . 38.2, referring to requisites for the inclusion of data in files of patrimonial solvency, as well as the impossibility of handing them over if any sort of judicial, arbitral or administrative reclamation has been considered, or in the case of the existence of any proof which could in the form of evidence give the impression that the debt is false, expired, chargeable and unpaid. However it’s considered that the sentence referred, contradicts with other norms or considerations taken by it, having conceptual errors
Keywords:
Protection of Personal Data, Services on creditworthiness and credit, Inclusion requirements
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