Credit Reporting by Pablo A. Palazzi. Published by Astrea (2007) Buenos Aires
This book presents the legal framework governing the use of personal data contained in credit reports. Its objective is to summarize case law and jurisprudence, Argentine as well as international, which for more than a decade have established the rights of data subjects with respect to credit reports. As a research work, this study pertains to personal rights, commercial law and personal data protection.
It covers habeas data and credit reporting legal frameworks in Argentina and in comparative law, strongly focused on Latin America, and also other uncommon topics such as identity theft -“ dealt with for the first time on a publication in South America- the right to oblivion, the right to privacy with respect to the gathering of personal data, habeas data procedural features, and the criteria for assigning liability in this area of the law.
The reporting of credit historical data is crucial to our society today: it adds transparency to the market by making available the past and present behavior of individuals. Personal Data Protection law -“ the reaction against the general gathering and handling of personal data- grants individuals the power to control the use of personal data through rules and principles related to the quality of the data consent to deal with it legal actions, limitations imposed on databanks according to content, time and manner of information handling; assignment and transference of information to third parties; and the engagement of government authorities to oversee the protection of such rights.
The book-™s content is structured as follows. Chapter 1 provides an introduction on how credit reporting works, the related business practices, and an overview of the applicable regulations in comparative law. Chapter 2 describes the applicable law governing the use of personal data for financial solvency reports. Chapter 3 focuses on the Right to Oblivion, the opinions of jurists and the adoption of this legal concept in the Argentine legal framework through law 25,326. Chapter 4 deals with the identity theft issue and its significance to the banking and credit reporting industries. The last chapter elaborates on the judicial and administrative actions available to data subjects to ensure the accuracy of the information stated on credit reports.