Reformed Law Regulating Information Services On Credit History People.

Original Language Title: REFÓRMASE LA LEY DE REGULACIÓN DE LOS SERVICIOS DE INFORMACIÓN SOBRE EL HISTORIAL DE CRÉDITO DE LAS PERSONAS.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-de-regulacion-de-los-servicios-de-informacion-sobre-el-historial-de-credito-de-las-personas/archivo_documento_legislativo



1 DECREE No. 196

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- Article 2, paragraph two of the Constitution states that "the right is guaranteed to honor, personal and family privacy and image "by
what is necessary to protect the right of citizens to information regarding their credit, so your credit information is correct and truthful.
II.- by Legislative Decree No. 695, dated April 29, 2011, published in the Official Gazette No. 141, Volume No. 392 of July 27 of that same year, issued
law on Regulation of Information Services credit history of individuals.
III in our country work companies which, through automated data processing, make reference only to the credit behavior of people; whereas, however, the issuance of the aforementioned regulations, these companies can generate damages to people, for lack of
authorization to consult, use, share and market information; in view of the foregoing, it becomes necessary to better regulate the data information agencies and economic operators.
IV.- That the Constitutional Court in Judgment 142-2012 dated October 20, 2014; among other things, establishes the right to self-determination, which implies informative
different powers recognized the individual to control the use of personal information that concerns you, both in collection and treatment, storage and transmission
their own data.
V.- That despite progress in the protection of personal data is necessary
amend the Law on Regulation of Information Services credit history of Persons, to avoid abuses and excesses handling, storage and marketing of credit information
people.
THEREFORE,
in exercise of its constitutional powers and initiative of Deputy Francisco José Zablah Safie; and Deputy of the Legislature 2012-2015 Douglas Leonardo Mejia Aviles; and with the support of and
Deputies: Santiago Flores Alfaro, Reynaldo Antonio López Cardoza, Jackeline Noemi Rivera Avalos, José Francisco Merino Lopez, Gustavo Danilo Acosta Martinez, Ana Marina Alvarenga Barahona, Ana Lucia Baires Martinez, Luis Alberto Batres Garay, Alberto Roger Blandino Nerio, Edmundo Cabrera Yohalmo Chacon, Jose Vidal Delgado Carrillo, Crissia Suhan Chavez Garcia, Norma Cristina Cornejo Amaya, Alma Cruz, Raul

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Omar Cuellar, Margarito Santos Escobar Castellón, Carlos Alberto Garcia, Maria Elizabeth Gomez Perla, Go is Marisol Henriquez War, Yanet Hernandez Estela Rodriguez, Audelia Guadalupe Lopez, Cristina
Esmeralda Lopez, Samuel de Jesus Lopez Hernandez, Hortensia Margarita Lopez Quintana, Arnoldo Martyr Marin Villanueva, Rolando Mata Fuentes, Maria Otilia Hernandez Matamoros Jose Melara Yanes Santos, José Alfredo Miron Ruiz, Carlos Alberto Palma Zaldaña, Mario Antonio Lopez Ponce, Zoila Beatriz Quijada
Solis, Nelson de Jesus Quintanilla Gomez, Margarita Rodriguez Siguenza, Jaime Orlando Sandoval, Karina Ivette Sosa, Gilberto Valdez Jaime Hernandez and Carlos Zambrano Mario Campos.
DECREES the following:
AMENDMENTS TO THE LAW REGULATING INFORMATION SERVICES ON CREDIT HISTORY

PERSONS Section 1. Replace, in Article 3, the definition of data as follows:
"Fact:. Information about the credit history of consumers or customers, which is owned by them and the record in a database"
Article 2. reformed the third paragraph and fourth paragraph is hereby added to Article 5 as follows:
"the Central Reserve Bank will set technical standards for the organization, operation, control and other aspects related to information agencies of data on credit history; and to determine the specific residence time of the data on credit history
databases of said information agencies, and establish clearly and in detail what those personal data to be provided by consumers are agents economic, which must be related to the information needed for the development
credit history. "
"In order to perform a proper function of regulation, monitoring and evaluation of policies

Public Financial System; and have essential to assess impacts of the provisions on the issuance or amendment of technical regulations associated with this Act information, the Financial System Superintendent, at the request of the Central Reserve Bank of El Salvador, it is obliged to submit
timely information requested him to do so. "
Article 3 reformed the third paragraph of Article 6 as follows:
"The Consumer Advocate is empowered to request the necessary information and carry out checks in order to conduct administrative investigations exclusively, and in each case
with the complaint or complaint. Where there are collective or diffuse interests, the Consumer Protection Agency, in the exercise of their powers, shall have the powers to monitor and investigate on its own initiative, the practices of operators and data information agencies pursuant to
powers established in the Consumer Protection Act. Also, when there are the aforementioned interests, have the power to request reports and investigate the practices of operators not supervised by the Superintendency of the Financial System. "

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Article 4 Adiciónanse three interjections between the first and the last, Article 8 as follows:
"service information on credit history of individuals may be provided by legal persons, public or private, to be known as data information agencies.
In the case of private data information agencies, shall constitute, with the main purpose of information gathering data on credit history of individuals.
However, is expressly prohibited, these agencies data information, use the information collected credit history of customers or consumers for purposes other than those established in this Act. These must have a capital
minimum of one hundred fifty thousand dollars of the United States of America, fully subscribed and paid in cash. The capital of these agencies will be adjusted by the Superintendency, every two years, taking into account the variation of the Consumer Price Index, after hearing the opinion of the Central Reserve Bank; also they contribute
financing of the budget of the Superintendency and Appeals Committee until a zero point seventy-five percent of their annual income.
The data reporting agencies must have a body of professional management, skilled personnel, equipment and technology platform to manage information, management control systems, security applications, manuals, procedures, policies, internal controls and plans business continuity to ensure the proper functioning to provide regulated services
in this Act, all in accordance to the existing law and technical standards that the Central Bank issued for this purpose. "Article 5.
Refórmanse items a), c) and d); and adiciónanse subparagraphs h) and i) of Article 14 as follows:
"a) Access to information: Consumers or customers are entitled to know all the information that they maintain or manage the economic operators and data information agencies. To this end, data reporting agencies must have at least a center
customer in each region, so that interested people can view their information.
The query of this information will not cause any consumers or customers cost.
The reporting agency shall provide appropriate data in writing, at the moment
prompted, consumer information or customer, prior request made verbally or in writing, verifying the identity of the consumer or client; as well as let you know which creditor entities have access to your credit history, and use for
which was required.
In any case, the information agency data provide the consumer or customer, prior
request, and verified the entitlement of his request, information on the credit history; for which he shall have, among others, technological means to facilitate their access.

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agencies data information issued certified copies of credit history they requested WHATSOEVER. Such consultation shall not generate any payment, up to a maximum of

A query every four months. It will be subject to payment of a fee by exceeding the certificates issued, which shall be determined by the data information agencies, with the authorization of the Superintendency of the Financial System. Such certification must be delivered in a
no more within three working days "
" c) Good management of information: personal data and credit, processed, character can not be used to
for different purposes they were collected.
In any case, the information contained in credit reports may be used by
natural or legal persons, as a criterion for recruitment, selection or grounds for dismissal of personnel, except by judicial or legal order that so warrant or the exceptions in the law; nor economic operators, nor the intelligence agencies deliver data may
credit history information for the purposes described above; "
" d) Consent to the collection and transmission of information: Data on credit history,
provided by consumers or customers to operators, may only be collected or transmitted to agencies data and information supplied by these economic agents with the express written authorization and consumers or customers, according to the provisions of Article 18 of the Consumer Protection Act.
Such authorization must be recorded in a document or other individual medium permitted by law, to be special purpose.
Cases stated in protested checks are excepted, for lack of funds or being drawn on current account closed, or order of suspension of payments; "
" h) Identification of the quality guarantor or co-signer solidarity: any consumer or customer is entitled to specified in your credit history, when a negative figure of it is associated or is derived solely from its status as guarantor or joint debtor, "and,
" i) Requirements including negative data: the inclusion of negative data will only be possible, upon the occurrence of the prior existence of a certain debt, partially or totally defeated, due, unpaid
that has resulted.
In addition, in the case of guarantor and joint debtor, it must be carried out prior
order for payment to the principal debtor.
The operator or person acting on his behalf or interest shall maintain, to
available information agency data, the Superintendency of the Financial System and the Consumer Protection Agency, sufficient documentation proving the compliance with the requirements for inclusion of data. "

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Article 6 - hereby added a third paragraph to Article 15 as follows:
"When the consumer or client does not authorize the use or consultation of information by third parties, will not be causal for the agent economic denied provide the service or sell the product concerned "
Refórmanse Article 7 paragraphs a) and h).; and adiciónanse literal j), k), l), m) and n) of Article 17 as follows:
"a) Report or provide consumer credit history or customer upon request, under the terms established in this Act; "
" h) Have at least one customer service center in each region of the country, which can consult and procedures related to the credit history of consumers or customers
, which will be effectively addressed in a time no longer than three business days.
They must also have at least one call center of attention nationwide and
extended hours for the above purposes; must publish every six months and when changes are made to the knowledge of consumers or customers through two national newspapers and permanently on their websites, addresses and telephone numbers of each service centers customer; "
" j) Remove and disable permanently negative credit history data consumer or customer after the expiry of a period not exceeding three years from the
incorporation of this data to base.
Notwithstanding the foregoing, if the consumer or customer completely cancel your credit, you can not stay
information that adversely affects your credit history over a year, and in cases such debt canceled does not exceed the half a minimum wage of trade and service sector, you can not stay longer than six months.

Agencies monthly data information must submit to the Superintendency and economic operators, a report on the information of the people which has
were permanently deleted data that negatively affect your credit history accordance with the preceding paragraph; "
" k) Specify credit history, when a negative figure thereof, is associated or is the result solely of a guarantor or co-debtor; "
" l) Provide the consumer or client, in writing or through any other means of technological innovation, information at the time requested, prior request made verbally or in writing, or by other technological means, for that purpose agencies have || | information data. Such information should include the name of the creditor entities that have access to your credit history in the past three years, and the use for which it was required; "

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"m) Provide the Financial System Superintendent, at its request, within the period prescribed in this Act and under any circumstances involving the suspension or cancellation
of its operations, the database It contains the credit history of individuals;. "and
" n) Maintain the database in the country and allow access to the Superintendency of the Financial System
"
Article 8 hereby added one literal g), and incorporate a final paragraph to Article 18 of the following form
:
"g) Provide the respective data information agencies, relevant certifications
that have issued authorizations individually and expressed by the consumer or customer, both for consultation and for data transmission, by the monthly shipping date referred to paragraph a) of section eighteen of this Act information. "
" operators may contract the service classification and rating the credit risk profile of a person, consumer or client, as long as they ensure that the service
not infringe the rights of individuals. "
Article 9. - hereby added a literal h) of Article 19 as follows:
"h) Use, transfer, share and commercialize in any form and destination information of persons recorded in its database, without the express consent of . their holders for such activities "
reformed Article 10. Article 20 as follows:
" Article 20. the rights of access, rectification, modification and deletion of stored data to provide the information services data on credit history may be exercised by the consumer or customer to the operator, data information agency, the Financial System Superintendent
or consumer rights, consumer or client can perform claim to rectify their data by the means provided in this Act, including technological means, adding supporting documentation about it. "
reformed Article 11 paragraph one and paragraph e) of Article 21, as follows way:
"Article 21. the filing of a complaint or complaint to the trader, the data information agency, the Financial System Superintendent or the Consumer Protection, must be made by paper application, mail or other technological means.
Said document to be served, shall contain the following: "
" e) Identification and general information provider data, in case the customer is dealing
"
.
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reformed Article 12. Article 22 as follows:
"Article 22. If the consumer or customer decides to act before the operator or agency data information, such application will be presented the trader or the data information agency, who shall receive, stating the day and time in which to do so.
The operator or data reporting agency must respond to the request that you direct the concerned within a period not exceeding five working days. "
Article 13.- hereby added a literal g) of Article 29 as follows:
"g) use, transfer, and market share in terms different from those established in this Act, the information of consumers or customers, unless in each individual case you have obtained the express consent of these for such activities "
reformed Article 14. Article 32 as follows.:

"In case of repeated suspension of operations, or not remedied by the information agency data, the reasons for which he was suspended by the deadline set in the previous article, shall cancel faculty to operate as data information agency "
Article 15.- hereby added between Article 32 and Article 33, Article 32-a as follows:
". Resguardo and confiscation database | || Article 32-A.- in cases of suspension or termination of operations related
authorization to operate as agency data information on the credit history of individuals, the agency that is suspended or you cancel operations, shall, at the request of the Superintendent, give it its database for safekeeping, within three days
business, counted from the notice of suspension or termination of operations. Such a procedure will be done in order to safeguard the proprietary information of customers or consumers.
If data reporting agencies do not meet the deadline set out in the preceding paragraph, the Superintendency, with the help of the police force, shall, without further ado, within the maximum term
twenty-four hours, the seizure of those databases. Information agency data may not be retained any support, physical or virtual, of the database.
In the case of suspension of operations, if the data information agency exceeds the causes that led to the suspension, the Financial System Superintendent required to reimburse the database within a period not exceeding five working days, counted from the date that exceeded
have grounds for suspension.
The Superintendency must ensure the receipt, custody and proper storage of databases, in a place and manner according to their internal information security measures. the

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Superintendency may not, under any circumstances, access, use or reproduce the information contained in the databases that protects or safekeeping. The Central Bank shall establish,
by technical standard, the procedure for such effects.
If definitive cancellation, the receipt and custody of databases by the
Superintendent, will be for a period of up to twelve months; Once this period has ended, it shall permanent removal of the information contained in the databases. "
Article 16.- The Central Reserve Bank, from the entry into force of this Decree, have a within ninety days to issue the corresponding Technical Standards. In addition, economic operators and data reporting agencies must take the necessary measures to suit
these reforms; to do so, they will have an additional ninety days from the issuance of these Rules.
Article 17. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, this twenty-sixth day of November in the year two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT
.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar,
FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano,
THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO,
FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID REYES ERNESTO MOLINA,
first secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza
Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL,
QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO,
seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the sixteenth day of December in the year two thousand and fifteen.

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PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Tharsis Solomon Guzman Lopez, Minister of Economy.
OJ No 233 Tomo No. 409
Date: December 17, 2015
SP / geg 21/01/2016
LEGISLATIVE INDEX