A bad debt file is a register that contains the data of those people who have defaulted on payment, regardless of whether they are natural persons or legal entities.
The most well-known bad debt files are: the Asnef file or the Badexcug file. In order malaysian phone numbers to include a person in this type of file, there must be a certain, overdue and unpaid debt , and it is mandatory that there is a prior request to the debtor and that the debtor has not complied with this request.
Is inclusion in a bad debt file compatible with the right to data protection? How can you get out of the Badexcug or Asnef file?
Article 20 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights refers to credit information systems (bad debt files).
It indicates that the processing of personal data relating to the non-compliance with monetary, financial or credit obligations will be lawful when a series of requirements are met:
The data has been provided by the creditor or by someone acting on his behalf or in his interest
That the data refers to certain, due and payable debts , the existence or amount of which has not been the subject of an administrative or judicial claim by the debtor or through an alternative procedure.
The creditor has informed the affected party in the contract or at the time of requesting payment about the possibility of inclusion in said systems.
The data will only be kept in the system as long as the breach persists, with a maximum limit of five years from the due date of the monetary, financial or credit obligation.
The data relating to a specific debtor can only be consulted when the person consulting the system has a contractual relationship with the affected party that involves the payment of a monetary amount or the affected party has requested the signing of a contract that involves financing.
In the event that the request to enter into the contract is denied, or the contract is not entered into as a result of the consultation carried out, the person who consulted the system shall inform the affected party of the result of said consultation.
Getting out of a bad debt file
If you have been included in a file of this type, there are different ways to get out:
By paying and providing proof of payment to the file. That is, you can leave the Badexcug file if you prove that you have paid off your debt.
If 5 years have passed since the debt became due.
That the debt is prescribed
That any of the requirements for being included in the file are not met
If any of the above circumstances occur, the right of rectification may be exercised ( art. 14 Law 3/2018 ) in the event that the data is inaccurate and the right of deletion will be exercised ( art. 15 Law 3/2018 ) in order to have the data deleted from the file.