Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 February 2018 [shall come
into force on 6 March 2018];
3 October 2019 [shall come into force on 1 November
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Credit Bureaus
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) credit bureau - a stock company that is carrying out
any of the activities to be licensed of a credit bureau laid down
in this Law;
2) user of credit information - a person specified in
this Law who has entered into a written agreement with a credit
bureau regarding supply of credit information to the credit
bureau or receipt thereof therefrom (hereinafter - the credit
information agreement);
3) potential customer of a user of credit information
(hereinafter - the potential customer) - a natural person who has
expressed an intention to become a customer of a user of credit
information in an application to the user;
4) customer of a user of credit information
(hereinafter - the customer) - a natural person:
a) who has concluded a customer contract with the user of
credit information or whose payment obligation to the user of
credit information arises from laws and regulations,
b) in relation to whom the user of credit information has
taken over the rights of claim arising from the customer
contract,
c) who has consented that the user of credit information may
evaluate or take into account his or her creditworthiness in
supplying a credit risk related service to any third party or in
taking a decision to supply such service;
5) credit information - information obtained from the
sources of credit information specified in this Law and
characterising creditworthiness of the customer or potential
customer;
6) customer contract is:
a) a contract according to which the user of credit
information is supplying or will supply credit risk related
service,
b) a contract according to which the user of credit
information is given a guarantee regarding liabilities of another
person,
c) the contract referred to in Sub-clause (a) or (b) of this
Clause the rights of claim arising from which have been taken
over by the user of credit information;
7) debt - a payment obligation of the customer in
relation to the user of credit information which has not been
settled within the time period specified in the customer contract
or laws and regulations;
8) processing of credit information - any activities
performed with credit information, including collecting,
obtaining, registration, entering, storage, arranging,
transforming, use, transfer, transmitting, disclosing, blocking
or deletion of credit information;
9) creditworthiness - the probability that the customer
or potential customer will carry out his or her obligations in
accordance with the customer contract;
10) credit risk - the probability that the user of
credit information will incur losses if the customer or potential
customer will be unable or will refuse to carry out the payment
obligations specified in the customer contract in relation to the
user of credit information;
11) credit risk management - an aggregate of measures
which are taken by the user of credit information during the term
of operation of the customer contract in order to control its
credit risk.
[8 February 2018]
Section 2. Purpose of the Law
The purpose of the Law is to contribute to promotion of
responsible crediting and responsible and honest borrowing,
enabling the formation of personal credit history, and also to
ensure legal protection of natural persons so that, upon
evaluating creditworthiness, true and complete information is
accessible and used.
Section 3. Scope of Application of
the Law
(1) The Law regulates the operation of credit bureaus and the
procedures for processing credit information within the scope of
activities of credit bureaus to be licensed and specified in this
Law.
(2) The processing and protection of the data of the customer
or potential customer is regulated by Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation)
(hereinafter - the data regulation) and the Personal Data
Processing Law, insofar as it is not laid down otherwise in this
Law.
(3) This Law shall not be applied:
1) to the databases of credit history specified in the Law on
Extrajudicial Recovery of Debt;
2) to processing of the data present in a State information
system which is performed by the holder of such State information
system or data processing performed by the Saeima, a
derived public person, an institution of direct administration,
institution of indirect administration, court or a person
belonging to the judicial system, except for that laid down in
Section 13 of this Law;
3) in relation to the credit register and also to receipt of
information from the credit register and the use thereof. The
procedures by which the user of credit information shall receive
the information included in the credit register with the
intermediation of the credit bureau is determined by the Credit
Register Law;
4) if in accordance with other laws and regulations the user
of credit information with the intermediation of the credit
bureau may receive information from the State information system
for the purposes of processing which are not referred to in
Section 4 of this Law. The procedures by which the user of credit
information with the intermediation of the credit bureau shall
receive information from the State information system shall be
determined in a respective regulatory enactment.
[3 October 2019]
Section 4. Purposes of Processing
Credit Information
(1) The credit bureau shall, within the scope of the credit
bureau activities to be licensed and laid down in this Law,
process credit information so that the user of credit information
could obtain and use it for the purposes of processing credit
information specified in Paragraph two of this Law.
(2) The user of credit information shall obtain credit
information from the credit bureau within the scope of the credit
bureau activities to be licensed and laid down in this Law and
use it for evaluation of creditworthiness of the customer or
potential customer or for management of its credit risk.
Section 5. User of Credit
Information
The user of credit information may be:
1) a merchant;
2) a performer of professional activity within the meaning of
the law On Personal Income Tax;
3) an individual undertaking, a farm or fishing undertaking,
crafts undertaking or family undertaking;
4) a cooperative society;
5) an institution of direct administration and a derived
public person or its institution if it is concluding a contract
that involves a credit risk or the customer's payment obligation
to the user of credit information arises from laws and
regulations if the law or regulation provides for a legal ground
for the processing of data.
[8 February 2018]
Section 6. Sources of Credit
Information
The credit bureau shall obtain credit information only from
the following sources of credit information:
1) from the information supplied by the user of credit
information;
11) from the information supplied by the user of
credit information of another credit bureau if it is laid down in
a law or regulation;
2) from the information which has been obtained by the credit
bureau in accordance with the procedures laid down in this Law
from a State information system;
3) from the information on the customer (hereinafter - the
foreign credit information) which has been received by the credit
bureau from:
a) a person registered in a European Union Member State or
Member State of the European Economic Area whose type of activity
is personal data processing and transfer thereof to third parties
which use such data for the evaluation of creditworthiness or
management of their credit risk,
b) a State information system of a European Union Member State
or Member State of the European Economic Area, or a database
considered as equivalent to a State information system.
[3 October 2019]
Chapter II
Requirements for the Operation of the Credit Bureau
Section 7. Requirements for the
Operation of the Credit Bureau
(1) The credit bureau must have a licence in order to supply
any of the following services:
1) processing of credit information obtained regarding a
natural person in order to transfer it to third parties for the
use for any of the purposes specified in Section 4, Paragraph two
of this Law;
2) obtaining of restricted access information from a State
information system regarding a natural person upon request of
such person who has legal grounds to receive information from a
State information system, and transfer of the obtained
information to the abovementioned person for any of the purposes
specified in Section 4, Paragraph two of this Law.
(2) The requirements of Paragraph one of this Section shall
not apply to:
1) data processing of its customer or potential customer;
2) data processing of such customer or potential customer of a
merchant with whom the person is in one group of companies.
(3) The credit bureau shall insure civil legal liability for
the performance of activities to be licensed.
(4) The credit bureau shall inform the issuer of the licence
regarding other commercial activity which is performed by the
bureau in addition to any of the activities to be licensed.
Section 8. Licence
(1) A licence for the operation of the credit bureau
(hereinafter - the licence) shall be issued by the Data State
Inspectorate for five years.
(2) The Cabinet shall determine the requirements for the
receipt of the licence, including the requirements for civil
liability insurance of the credit bureau, and the procedures for
issuing the licence, and also the procedures for and cases of
suspending, re-registration and cancellation of the licence.
(3) The credit bureau shall pay a State fee for the issuance
and re-registration of the licence. The credit bureau shall pay
an annual State fee for the supervision of the operation of the
credit bureau. The amount and payment procedures of the State fee
shall be determined by the Cabinet.
(4) If the credit bureau terminates operation or loses the
licence, the accumulated credit information shall be deleted,
except for the case when it shall be transferred to the State
archives in the amount specified in the Law or also - within the
time period stipulated by the Data State Inspectorate - to
another licensed credit bureau.
Section 9. Involvement of Other
Persons in Ensuring the Carrying out of Licensed Activities of
the Credit Bureau
(1) If a written consent of the Data State Inspectorate has
been received, the credit bureau may entrust, on the basis of a
written contract, the performance of activities to another person
which are necessary for ensuring the carrying out of the licensed
activities of the credit bureau specified in Section 7 of this
Law.
(2) After receipt of the written consent referred to in
Paragraph one of this Section, the credit bureau or the other
person referred to in Paragraph one of this Section is
responsible in relation to third parties for the operation of
such person who has been entrusted the performance of the
particular activities. The Data State Inspectorate has the right
to revoke the previously given written consent if the credit
bureau or the other person referred to in Paragraph one of this
Section does not fulfil the requirements of this Law. Contesting
or appeal of a decision of the Data State Inspectorate to revoke
the previously given written consent does not suspend the
operation thereof.
Section 10. Availability of
Information on Credit Bureaus
(1) The Data State Inspectorate shall publish and update the
following information on a credit bureau on its website:
1) a decision to grant the licence;
2) the name of the credit bureau;
3) the registration number of the credit bureau;
4) the contact details of the credit bureau (legal address and
postal address, telephone, electronic mail address);
5) shareholders of the credit bureau whose participation in
the credit bureau is five per cent or more from the equity
capital with voting rights of the credit bureau;
6) the date of granting the licence;
7) the date of suspending or cancelling the licence.
(2) If any of the information referred to in Paragraph one,
Clause 2, 3, 4 or 5 of this Section changes, the credit bureau
shall, within three working days after changes enter into effect,
submit a submission to the Data State Inspectorate regarding
changes. The Data State Inspectorate shall, within five working
days after receipt of the submission, update the relevant
information on its website.
Chapter III
Processing of Credit Information and Time Periods for
Storage
Section 11. Inclusion of Information
on Debts in the Database of the Credit Bureau
(1) The user of credit information has the right to include
information in the database of the credit bureau regarding a debt
if one of the following conditions exists:
1) the debt is confirmed with a court ruling or an arbitration
award which has entered into effect;
2) at least 60 days have passed from the first day of late
payment and at least 30 days from the day when the warning
referred to in Paragraph two of this Section regarding the
relevant debt has been sent; however, the debt has not been
covered and the customer has not expressed written objections
regarding existence or amount of the debt;
3) at least 60 days have passed from the first day of late
payment and at least 30 days from the day when the warning
referred to in Paragraph two of this Section regarding the
relevant debt has been sent; however, the debt has not been
covered and the customer has expressed written objections
regarding existence or amount of the debt but the user of credit
information has sent a motivated reply to the customer, issuing
copies of documents confirming the existence and amount of the
debt, and has informed him or her that information on the debt
will be included in the database of the credit bureau;
4) the customer has consented that the user of credit
information includes information on the debt of the customer in
the database of the credit bureau. Such consent of the customer
shall conform to the requirements of the data regulation
regarding consent of the data subject, and the consequences of
such consent are explained to the customer.
(2) In the case referred to in Paragraph one, Clause 2 or 3 of
this Section, the user of credit information shall send a warning
to the customer regarding the debt prior to inclusion of the
information on the debt in the database of the credit bureau. The
warning shall include information on whether the information on
the debt will be transferred to the credit bureau, and on the
purposes for which the information on the debt included in the
database of the credit bureau will be processed.
(3) In the case referred to in Paragraph one, Clause 3 of this
Section, if the user of credit information has not yet included
information on the debt of the customer in the database of the
credit bureau and after sending of a motived reply regarding
existence or amount of the debt to the customer has received
repeated written objections of the customer, then, upon including
information on the debt of the customer in the database of the
credit bureau, the user of credit information shall indicate at
least whether written objections of the customer regarding
existence or amount of the debt have been received.
(4) In the case referred to in Paragraph one, Clause 4 of this
Section, information on the debt of the customer shall be
included in the database of the credit bureau for a time period
not exceeding 60 days from the first day of late payment. When 60
days have passed, information on the debt in the database of the
credit bureau shall be processed in any of the cases referred to
in Paragraph one, Clauses 1, 2, and 3 of this Section.
(5) The user of credit information shall supply the current
information on the debt included in the database of the credit
bureau to the credit bureau not less than once in a quarter.
[3 October 2019]
Section 12. Information to be
Included in the Database of the Credit Bureau
(1) The following information related to the debt of the
customer shall be included in the database of the credit
bureau:
1) the given name, surname, and personal identity number of
the customer or other information identifying the customer;
2) information on the amount of debt, including information on
the initial amount of debt, the actual amount of debt, and the
first day of late payment;
3) the date when information on the debt was included in the
database of the credit bureau, and the date when information on
the debt was last updated;
4) information on the fact that the debt no longer exists, the
date since which the debt no longer exists, and also the way the
debt was settled;
5) information on the user of credit information who included
information on the debt in the database of the credit bureau;
6) information on the sector of such user of credit
information which included information on the debt in the
database of the credit bureau in accordance with Regulation (EC)
No 1893/2006 of the European Parliament and of the Council of 20
December 2006 establishing the statistical classification of
economic activities NACE Revision 2 and amending Council
Regulation (EEC) No 3037/90 as well as certain EC Regulations on
specific statistical domains (Text with EEA relevance), insofar
as the description of the sector corresponds to the purpose of
processing the respective data;
7) information on whether the customer has expressed written
objections against the existence or amount of the debt, including
whether there is a dispute regarding the rights which is examined
by a court in relation to the existence or amount of the
debt.
(11) Paragraph one, Clause 6 of this Section shall
not apply to special categories of personal data and the sector
of the user shall be "Other services".
(12) The content and amount of information, with
the exception of the information specified in Paragraph one of
this Section, on the customer's payment obligations which is
included in the database of the credit bureau by creditors in
accordance with the requirements of the Consumer Rights
Protection Law, and also the time periods and procedures for the
inclusion of information in the database of the credit bureau
shall be determined by the Cabinet.
(2) The user of credit information or the credit bureau is
entitled to include in the database of the credit bureau other
credit information not referred to in Paragraph one and
1.2 of this Section if such inclusion has any of the
grounds specified in the data regulation for the processing of
personal data.
(3) The credit bureau, upon supplying information to the user
of credit information on the credit information included by
another user of credit information, shall not indicate the
information that allows to identify the user of credit
information which included the respective information in the
database of the credit bureau.
(4) The credit bureau shall delete the information referred to
in Paragraph one, Clause 7 of this Section if it has received a
court ruling or arbitration award which has entered into effect
and by which the debt amount is established, or a written
certification of the customer regarding withdrawal of his or her
objections.
(5) The credit bureau is entitled to determine the minimum
debt amount for each sector from which information on the debt
may be included in the database of the credit bureau.
(6) The credit bureau is entitled to process special
categories of personal data as long as such processing of the
data is related to the processing of information on a person's
debt, provided that special categories of personal data are not
disclosed to third parties. Special categories of personal data
shall only be processed in the amount and in accordance with the
procedures specified in this Section.
[8 February 2018; 3 October 2019 / The new wording
of Paragraph two on the inclusion of such information in the
database of the credit bureau which is not referred to in Section
12, Paragraph one and 1.2 shall come into force on 1
March 2020. See Paragraph 6 of Transitional Provisions]
Section 13. Information from a State
Information System
(1) Upon legal request of such user of credit information
which, in accordance with the laws and regulations, has the right
to receive restricted access information from a State information
system, the credit bureau shall request and receive information
from the respective State information system on the customer or
potential customer. The credit bureau shall not use the received
information for purposes other than transfer of such information
to the user of credit information in unchanged form and shall not
store it after transfer to the user of credit information.
(2) The procedures by which the credit bureau shall receive
restricted access information from a State information system,
and also the obligations, rights and liability arising from the
processing of such information are determined in the data
regulation, the regulatory enactment governing the operation of
the respective State information system and other laws and
regulations.
(3) The credit bureau and the holder of State information
system shall enter into a contract regarding processing of
generally accessible information. The credit bureau shall
purchase the licence for re-use of information or shall obtain
generally accessible information in another way determined by the
regulatory enactment regarding the particular State information
system. The credit bureau shall process generally accessible
information for the processing purposes of credit information
specified in this Law, except for the case referred to in Section
7, Paragraph four of this Law when the credit bureau is
performing another commercial activity.
(4) If the manager of a State information system uses a State
information systems' integrator, then the credit bureau is
entitled to obtain information from the respective State
information system, using the State information systems'
integrator in accordance with the laws and regulations regarding
the State information systems' integrator.
[3 October 2019]
Section 14. Foreign Credit
Information
(1) The credit bureau shall request foreign credit information
from a foreign source of credit information upon request of the
user of credit information.
(2) The credit bureau shall immediately transfer the foreign
credit information received, without changing its content, to the
user of credit information which requested it. The credit bureau
shall not use the received information for purposes other than
transfer of such information to the user of credit information in
unchanged form and shall not store it after transfer to the user
of credit information.
(3) The credit bureau is entitled to supply credit information
to a person registered in a European Union Member State or a
Member State of the European Economic Area whose type of activity
is personal data processing and transfer thereof to third parties
which use such the data for the evaluation of creditworthiness or
management of their credit risk if all of the following
conditions exist:
1) the data subject has given a respective consent and it
conforms to the requirements of the data regulation or another
condition referred to in the data regulation exists which allows
the processing of personal data;
2) third parties in relation to such person registered abroad
are to be considered as users of credit information and they
comply with the requirements laid down for users of credit
information in Section 4, Paragraph two of this Law in relation
to the purpose of processing credit information;
3) the person registered in a European Union Member State or a
Member State of the European Economic Area transfers, without
delay, the credit information supplied by the credit bureau to
the third party which requested it, and the information received
is not used for other purposes other than transfer of such
information to the third party in unchanged form and they are not
stored after the transfer.
[3 October 2019]
Section 15. Information which is
Prohibited to be Used in Processing of Credit Information
[8 February 2018]
Section 16. Time Periods of
Storage
(1) The credit bureau shall store information related to
debts:
1) for five years from the day when the debt was settled or
from the day when debt liability has expired on other legal
grounds, or after the day when the debt has been ceded or
otherwise transferred to a person who is not another user of
credit information, but not longer than 10 years after the first
day of late payment;
2) 10 years after the first day of late payment if the debt is
not paid.
(2) The credit bureau shall store information on the request
of the user of credit information for one year after the day of
receiving such request. Another time period for which the credit
bureau shall store the request of the user of credit information
to supply information from the respective State information
system may be determined in a regulatory enactment governing the
operation of a State information system containing restricted
access information.
(3) The credit bureau is entitled to store the information
included in the database of the credit bureau regarding payment
obligations carried out, except for the information referred to
in Paragraph one of this Section and the information which may be
obtained from public or publicly available registers, until the
time when the customer is requesting that the user of credit
information deletes it and such request has been notified to the
credit bureau. The customer does not have the right to request
the deletion of such information if the user of credit
information has legal grounds and purpose for inclusion of such
information in the database of the credit bureau.
(4) The credit bureau is entitled to store the information
which may be obtained from public or publicly available registers
for as long as necessary for the processing purposes of credit
information, but not exceeding the time period while such
information is accessible in the respective register.
Section 17. Processing of Credit
Information after Termination of the Credit Information
Agreement
(1) If the credit bureau or the user of credit information
unilaterally withdraws from the credit information agreement or
if the credit bureau and the user of credit information agree on
termination of the credit information agreement (hereinafter -
the former user of credit information), the credit bureau shall
immediately delete the credit information from the database of
the credit bureau which was obtained from the former user of
credit information, except for information on the debt which the
credit bureau is entitled to store in accordance with Section 16,
Paragraph one, Clause 1 of this Law, and other information on
payment obligations if the relevant debt obligation or payment
obligation has expired while the credit information agreement was
in force.
(2) The credit bureau shall correct, update or delete the
information referred to in Paragraph one of this Section on the
debt in the following cases:
1) the former user of credit information and its customer or
the person who has been indicated as the customer in the database
of the credit bureau by mistake signs, at the credit bureau in
person according to the procedures stipulated by the credit
bureau, a mutual certification to the fact that information on
the debt has been corrected or deleted;
2) the credit bureau receives a certification from the former
user of credit information and its customer or the person who has
been indicated as the customer in the database of the credit
bureau by mistake that information on the debt has been corrected
or deleted, moreover, the authenticity of the signatures has been
certified by a notary;
3) the credit bureau receives a court ruling or an arbitration
award establishing that the information included in the database
of the credit bureau has different content on its merits;
4) the credit bureau establishes that the information included
in its database regarding the debt does not conform to the
information on the debt supplied by the former user of credit
information;
5) in other cases stipulated by the credit bureau according to
the procedures stipulated by such bureau.
(3) The credit bureau shall, in accordance with the
requirements of the data regulation in the cases and according to
the procedures stipulated by the credit bureau, correct, update
or delete the information referred to in Paragraph one of this
Section regarding other payment obligations which do not contain
information on the debt.
[3 October 2019]
Section 18. Legal Grounds for the
User of Credit Information to Request and Receive Credit
Information from the Credit Bureau
The user of credit information is entitled to request and
receive credit information from the credit bureau if any of the
following conditions exists:
1) the customer or potential customer has consented that the
user of credit information receives credit information. Such
consent of the customer or potential customer shall conform to
the requirements of the data regulation on the consent of the
data subject;
2) the right of the user of credit information to obtain
credit information arises from the customer contract;
3) another condition referred to in the data regulation allows
the processing of personal data.
[3 October 2019]
Section 19. Right of a Natural
Person to Receive Information
(1) A natural person has the right, pursuant to the data
regulation, to receive from a credit bureau the information which
is processed about him or her as well as the information on the
user of credit information which has used the credit bureau in
order to request and receive information from a State information
system in accordance with the following procedures:
1) to receive information in online mode or in person at the
credit bureau - free of charge;
2) to receive information by post - by covering the expenses
of the credit bureau for postal services according to the tariffs
of the postal service provider in accordance with the procedures
stipulated by the credit bureau.
(2) [3 October 2019]
[3 October 2019]
Chapter IV
Responsibility for Processing of Credit Information and
Supervision of Processing of Credit Information
Section 20. Responsibility of the
Credit Bureau
(1) The credit bureau shall be responsible for the conformity
of the information included in its database with the information
supplied by the user of credit information.
(2) The credit bureau shall not be responsible for the
completeness and veracity of such information which has been
received by the credit bureau upon request of the user of credit
information from a State information system or from a foreign
source of credit information and, without changing its content,
has transferred it to the user of credit information.
Section 21. Responsibility of the
User of Credit Information
The user of credit information shall be responsible that
it:
1) has included complete and true information in the database
of the credit bureau which conforms to the obligations specified
in the customer contract;
2) according to the procedures stipulated by the credit bureau
and in accordance with the requirements of this Law, supplies
current information to the credit bureau regarding the
information included in its database;
3) has requested credit information only in such case when
there are legal grounds for such action and the purpose for
processing personal data specified in this Law has existed.
Section 22. Correction of
Inaccuracies
(1) If the customer is of opinion that inaccurate information
is included in the database of the credit bureau, it shall submit
a written objection to the credit bureau or user of credit
information.
(2) The customer may append copies of documents justifying
objections to the written objection. If the written objection is
submitted by a person authorised by the customer, the
authorisation shall be notarised.
(3) If the customer submits a written objection in relation to
the information included in the database of the credit bureau by
mistake to the user of credit information:
1) the user of credit information shall review it in
accordance with the procedures laid down in the data regulation
and, without delay, notify the credit bureau that an objection of
the customer has been received in relation to the particular
information;
2) until a justified reply of the user of credit information
is received, the credit bureau shall make note in its database
that an objection of the customer has been received in relation
to the information included in the database;
3) the user of credit information shall, within a month after
receipt of an objection of the customer, examine it and provide a
justified reply to the customer, sending a copy of the reply also
to the credit bureau.
(4) If the customer submits a written objection in relation to
the information included in the database of the credit bureau by
mistake to the credit bureau:
1) the credit bureau shall verify whether the information
included in its database conforms to the information supplied by
the user of credit information;
2) the credit bureau shall send, without delay, a copy of the
objection to the user of credit information if the information
included in its database conforms to the information supplied by
the user of credit information;
3) until a justified reply of the user of credit information
is received, the credit bureau shall make note in its database
that an objection of the customer has been received in relation
to the information included in the database;
4) the user of credit information shall, within a month after
receipt of the request of the credit bureau, examine the
objection of the customer and provide a justified reply to the
credit bureau and the customer.
(5) If, after evaluating the written objection of the customer
referred to in Paragraph four of this Section, the credit bureau
establishes that the information included in its database does
not conform to the information supplied by the user of credit
information, or if the user of credit information informs the
credit bureau that inaccurate information has been included in
its database, then the credit bureau shall correct or delete such
information and shall inform, without delay, such users of credit
information regarding correcting or deletion of such information
to whom the credit bureau has supplied such information during
the last 12 months.
(6) If the user of credit information, having evaluated the
written objection of the customer referred to in Paragraph three
or four of this Section in relation to the information included
in the database of the credit bureau regarding the debt, informs
the customer and the credit bureau that the objection is not
justified, but the customer, after receipt of the reply of the
user of credit information, informs the credit bureau that it
does not agree with the reply of the user of credit information
and still is of the opinion that inaccurate information on the
debt has been included in the database of the credit bureau, the
credit bureau shall make a note in its database that written
objections of the customer against the existence or amount of the
debt have been received.
(7) If the user of credit information, having evaluated the
written objection of the customer referred to in Paragraph three
or four of this Section in relation to other payment obligation
that does not contain information on the debt, informs the credit
bureau that the objection is unjustified, but the customer, after
receipt of the reply of the user of credit information, does not
agree with its reply and still is of the opinion that inaccurate
information on the payment obligation has been included in the
database of the credit bureau, the customer has the right,
according to the rights provided for the customer in Section 16,
Paragraph three of this Law, to request that the user of credit
information deletes the respective information from the database
of the credit bureau. The customer does not have the right to
request the deletion of such information if the user of credit
information has legal grounds and purpose for inclusion of such
information in the database of the credit bureau.
[3 October 2019]
Section 23. Competence of the Data
State Inspectorate
(1) The operation of the credit bureau shall be supervised by
the Data State Inspectorate.
(2) Upon supervising the operation of the credit bureau, the
Data State Inspectorate has the following rights:
1) to take the decision to suspend or cancel the operation of
the licence;
2) to perform checks and audits at the credit bureau or with
the persons specified in Section 9 of this Law in relation to
which the Data State Inspectorate has given a written consent for
checking the operation of the credit bureau in accordance with
the requirements of this Law and other laws and regulations;
3) to receive information and documents free of charge from
the credit bureau or the persons specified in Section 9 of this
Law in relation to which the Data State Inspectorate has given a
written consent for checking the operation of the credit bureau
or for examination of the complaint received from the customer
regarding the operation of the credit bureau;
4) to request that the information included in the database of
the credit bureau by mistake or illegally is corrected or
deleted;
5) upon deciding on the issues referred to in this Law, to
request additional information that is necessary for taking a
decision;
6) to request checking of the information systems, equipment,
and procedures of the credit bureau and to determine an
independent expert-examination for the studying of the issues to
be checked;
7) to exercise other rights which are provided for the Data
State Inspectorate in the data regulation and Personal Data
Processing Law in the field of personal data protection.
(3) Upon supervising the operation of the credit bureau, the
Data State Inspectorate has the following duties:
1) to supervise the compliance of the operation of the credit
bureau with the requirements of this Law and other laws and
regulations;
2) to take decisions on the operation of the credit bureau and
to examine complaints regarding the operation of the credit
bureau;
3) to impose administrative penalties for violations in
accordance with the procedures laid down in laws and
regulations;
4) to decide on transfer of the accumulated credit information
in accordance with Section 8, Paragraph four of this Law.
(4) An administrative deed issued by or an actual action of an
official of the Data State Inspectorate may be contested to the
director of the Data State Inspectorate. An administrative deed
issued by or an actual action of the director, and also a
decision on the contested administrative deed or actual action
may be appealed to a court in accordance with the procedures laid
down in the Administrative Procedure Law.
[3 October 2019]
Chapter V
Administrative Offences in the Field of Provision of Credit
Information Services and Competence in Administrative Offence
Proceedings
[3 October 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 4 of Transitional
Provisions]
Section 24. Provision of Services
without the Licence
For the provision of such services without the licence which
are regulated by the law and for the provision of which the
credit bureau is required to have the licence, a fine from two
thousand to two thousand and eight hundred units of fine shall be
imposed on a legal person.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 4 of Transitional Provisions]
Section 25. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the offence
referred to in Section 24 of this Law shall be conducted by the
Data State Inspectorate.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 4 of Transitional Provisions]
Transitional Provisions
1. The Cabinet shall, by 31 December 2014, issue the
regulations referred to in Section 8, Paragraphs two and three of
this Law.
2. A commercial company or a person who performs economic
activity and provides any of the services referred to in Section
7, Paragraph one of this Law, but does not comply with the
requirements of this Law regarding stock company as the supplier
of such services or has not received the licence, shall ensure
compliance with the respective requirements within a year after
the day of coming into force of this Law. Until the licence is
received, it is prohibited to supply the service referred to in
Section 7, Paragraph one, Clause 2 of this Law. If compliance
with the respective requirements of the Law is not ensured within
a year, the commercial company or the person who performs
economic activity is prohibited from supplying the service
referred to in Section 7, Paragraph one, Clause 1 of this
Law.
3. The conditions of Section 11 of this Law regarding the
right of the user of a credit bureau to include information on
the debt in the database of the credit bureau shall also apply to
the debt which exists on the day of coming into force of the
Law.
4. Chapter V of this Law shall come into force concurrently
with the Law on Administrative Liability.
[3 October 2019]
5. The Cabinet shall, by 28 February 2020, issue the
regulations referred to in Section 12, Paragraph 1.2
of this Law.
[3 October 2019]
6. Section 12, Paragraph 1.2 and two of this Law on
the inclusion of such information in the database of the credit
bureau which is not referred to in Section 12, Paragraphs one and
1.2 shall come into force on 1 March 2020.
[3 October 2019]
The Law shall come into force on 1 January 2015.
The Law has been adopted by the Saeima on 18 September
2014.
President A. Bērziņš
Rīga, 8 October 2014
1 The Parliament of the Republic of Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)