Legal guide on Dicom Law

It clarifies the restriction on the communication of economic, financial, banking and commercial data.

What is the communication of an economic, financial, banking and commercial data?
It is to disclose these data in any way to people other than the owner.

What obligations can be communicated?
Registries or data banks can communicate information referring to obligations of an economic, financial, banking or commercial nature, when they meet the following requirements:

  • They are recorded in bills of exchange and protested promissory notes.
  • They consist of checks protested for lack of funds, for having been drawn against a closed checking account or for any other reason.
  • They are obligations derived from mortgage mutuals and loans or credits from banks, financial companies, administrators of mortgage mutuals, savings and credit cooperatives, public bodies and State companies subject to common legislation, and from credit management companies granted for purchases in commercial houses.
  • In the case of other money obligations determined by the President of the Republic by means of a supreme decree, which must be supported by validly issued payment or credit instruments, in which the express consent of the debtor or obliged to pay and its date of payment expiration.

What changes does the new law incorporate?
The main changes incorporated are:

  • It only allows the processing of these data for the evaluation of commercial risk and for the credit process and provides that its communication can be made exclusively to established businesses and companies that are dedicated to risk evaluation.
  • It prohibits the requirement of this data for personnel selection procedures, pre-school, school or higher education admission, emergency medical care or application for public office.
  • It allows the owner of the data to request the distributors the personal information contained in them for purposes other than those allowed, in which case they will receive a certificate “for special purposes”, which will contain only the expired and unpaid obligations of the applicant.
  • Prevents communicating information related to agreed, renegotiated or new obligations, or these are with any pending modality. Likewise, it prohibits the communication of information related to debts contracted with highway concessionaires for their use.
  • The duty of distributors of economic, financial, banking and commercial data is established to have a system that records the access and delivery of the information contained therein, which identifies the name of the person who requested it, the reason, the date and the time of the request.
  • It allows the owner of the data to be able to request from the distributors, free of charge and every four months, the information contained in this access and delivery record referring to their personal data.
  • It introduces mechanisms designed to facilitate the exercise of the rights of the holders. In this sense:

    – The burden of proof is reversed, establishing the obligation of the distributor or person responsible for the records or data banks to prove before the judge that he or she complied with the rules governing the treatment and communication of data; and

    – The obligation of the distributors to designate a natural person in charge of the data processing is established, against whom the data owners can enforce the rights recognized in the law, without prejudice to their power to initiate legal actions that this herself acknowledges.

What other benefits do you consider?
For the only time, the total unpaid obligations reported by the registry will be erased until December 31, 2011, as long as the debtor records total unpaid debts for an amount less than $ 2,500,000, for capital, excluding interest, readjustments or any other item.

What if the total unpaid obligations exceed $ 2,500,000?
The benefit of erasing total unpaid obligations does not apply. Neither does the unpaid debt decrease by that amount.

What rules regulate the processing of personal data of an economic, financial, banking and commercial nature?
The  Article 19 No. 4 of the Constitution and Law No. 19,628 . This last body is in charge of regulating the processing of personal data, mainly protecting them, through the legal recognition of a catalog of rights of the owners of the data, whose respect is guarded by the establishment of a judicial action, commonly known as “Habeas Data

 

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