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Credit Data Act (1973:1173)

Original Language Title: Kreditupplysningslag (1973:1173)

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Introductory provisions



section 1 of this Act concerning credit data activities involving

to anyone, except in isolated cases, leaving credit data against

compensation or as part of the business. The law applies to

also other credit data activities, if it is more

scope.



The law does not apply when an authority to disclose information with support

by law, regulation or decision of the Government

or an authority that the Government has decided.



The law does not apply for clearance of credit reports

between companies of the same group, except when the information is submitted

by a company authorised by the Data Inspection Board in accordance with paragraph 3 of

the first paragraph. Act (1997:556).



2 § With credit check referred to in this law, information, reviews

or advice submitted to management for evaluation by someone else's

creditworthiness or solvency in financial

respect. Information, opinions or advice provided to any

to be used in his credit data activities is considered to

not, however, that credit report.



With the traders referred to in this law who, without

drive trade, have such a significant influence in a

certain activities that information about his own position needed

to highlight the company's financial position. Act (1997:556).



Permits, etc.



paragraph 3 of the Credit data activities may be carried out only after

State of the Data Inspection Board.



Data inspection Board's permission needed but not for the following

companies, if their basic condition includes

credit data activities:



1. a credit institution,



2. a foreign credit institution operating in Sweden

According to Chapter 4. 1 or section 2 of the Act (2004:297) on banking and

finance law, or



3. a foreign credit institution authorised to drive

activity in Sweden according to Chapter 4. section 4 of the law on banking and

finance law.



A company referred to in the second subparagraph 1 or 3 shall begin

engaging in credit data activities two months after

The Swedish data inspection Board received a notification from the company if

that it intends to engage in this activity.



Permits are not required for credit data activities, in the

so far as it is carried out through the publication of credit check on

such a way that the meaning of freedom or

freedom of speech. Law (2004:301).



4 § permission to engage in credit data activities may

be notified only if the activities likely to be carried out on a

expert and judicious manner.



The Swedish data inspection Board may lay down the conditions under which a company's

credit data activities carried out and of the obligation

for a company to notify change of conditions has

importance of the right to operate. Act (1997:556).



The company's operation, etc.



5 § Credit data activities must be operated so that it does not

result in undue intrusion into personal privacy by

the content of the information communicated or otherwise

or that incorrect or misleading information is stored

or left out. For such processing of personal data

covered by the personal data Act (1998:204) applies instead, section 9

first subparagraph, point (a), (b) and (d) to (h) of the Act.



Data on natural persons may be collected only for

credit reporting purposes.



In the case of wholly or partly automatic processing of data on

legal persons shall the operator

credit data activities take appropriate technical and

organisational security measures to prevent

the treatment is done illegally and that the data

exposed to unauthorized scrutiny. Provisions on the safety

the processing of personal data, see 30-32 §§

the data protection act.



Notwithstanding the provisions of section 10 of the data protection act, personal data

treated without consent in credit data activities. The

registered can not resist reading.



The provision in the second paragraph does not apply to the extent

It would be contrary to the provisions of the freedom of the Press Act

or freedom of speech. Law (2001:164).



Exchange of information



5 a § what happens if the confidentiality of the operations of the

Swedish credit institutions, payment institutions, Institute for

electronic money, companies like courtesy driver

activities according to the law (2014:275) if certain activities with

consumer credit and securities companies shall not prevent

information on loans, loan defaults left and

credit abuse are exchanged for credit reporting purposes within a

circuit made up of those undertakings and undertakings which have

State of the Data Inspection Board under section 3 of the first paragraph.



In the circuit referred to in the first subparagraph include foreign

credit institutions referred to in Chapter 4. 1, 2, 4 and 6 of the Act

(2004:297) on banking and finance law, foreign

undertakings referred to in Chapter 3. 26 and 27 of the Act (2010:751) on

payment services, foreign companies as referred to in Chapter 3. 26-28 § §

Act (2011:755) on electronic money, foreign companies

referred to in Chapter 4. 1 and 4 of the Act (2007:528) on

securities market and foreign companies as referred to in section 2 of the

Act (2014:275) in respect of a business of consumer credit.



Provisions on the use of data on

loan defaults and credit abuse is also found in section 7.

Law (2014:281).



Sensitive data, etc.



section 6 of the data on a person's race, ethnic origin, political

opinion, religious or philosophical beliefs,

Trade-Union membership, health or sex life shall not

covered in credit data activities.



Data relating to offences involving crime, judgments in

criminal proceedings, pre-trial supervision measures or administrative

detention shall not without the consent of the Data Inspection Board

covered in credit data activities.



A consent referred to in the second subparagraph may be granted only if

There are exceptional circumstances.



As specified in the second subparagraph shall not prevent the data on

defaults, credit abuse or disqualification

covered in credit data activities. Law (2001:164).



section 7 of credit information on individuals who are not

trader may not contain information on other

defaults than those



1. has been established by a court or another authority

ruling or action or



2. has led to the initiation of debt restructuring or to

suspension of payments, bankruptcy or settlement proceedings.



Credit information referred to in the first subparagraph may also not

State the credit abuse, except when the credit has

made by a company under FSA

supervision and borrower substantially exceeded

the applicable credit limit, or otherwise seriously

abused the credit.



If there are special reasons, the Swedish Data Inspection Board may decide to

a company shall be exempted in whole or in part from

the provisions of the first and second subparagraphs.



Information in accordance with the provisions of the first and second subparagraphs

don't get left out must not be stored in the registry as

used in credit data activities. Law (2006:747).



Thinning



section 8 an indication of a natural person to screen when there is no

longer necessary to maintain the task with regard to

the purpose of the processing.



An indication of a physical person who is not a trader should,

If the task does not apply to debt settlement, is to be no later than three years

After the date on which the event occurred or the

relationship ended as the task is for. Related to task a

request or disclosure of a credit report, the

However, screen not later than one year after the date on which the request

was produced.



A reference to the debt restructuring arrangement for screening no later than five years after the

day when debt restructuring was granted or, if a payment plan

under the debt relief Act (2006:548) runs for a longer time,

not later than the date on which the plan expires.



A task that has been obtained from the Swedish enforcement authority in its

the business of collection and enforcement to screen when the

not covered by the exemption from secrecy in 34 Cape. 1 section

paragraph publicity and secrecy (2009:400). A

task that has been obtained from the Swedish enforcement authority shall also

screen when it has been blocked by the Swedish Enforcement Administration with

support of 3 Cape. 3 a.the Act (2001:184) concerning the processing of

data in the Swedish enforcement authority's activities. Law (2011:471).



Disclosure of information



9 § credit information on individuals who are not

traders must not be left out, if there is reason to

assume that the information will be used by anyone other than

any person who, on the basis of a conclusion or challenged credit agreements

or for some similar reason, need for enlightenment.



The first subparagraph shall not apply to the publication of a

credit report in such a way that the meaning of

freedom or freedom of speech,

but when information is provided from a database within the meaning of

1 Cape. 9 § freedom of speech within the meaning of the

paragrafens first paragraph 1 and 2. Law (2010:1073).



Registry information



section 10 everyone has the right to charge for reasonable of the

engaging in credit data activities get written notice of

whether the business is dealt with information on him.

Natural persons have the right to once per calendar year get a

information for free. Such information is treated shall notice left

If



(a)) the data undergoing processing,



(b)) if the registrant is a natural person: from where

the data is retrieved,



c) the purpose or purposes of the processing and



(d)) to the recipients or categories of recipients who are

the data are disclosed.



The provisions of the first subparagraph shall not apply in the

extent that would be contrary to the provisions of

freedom or freedom of speech.



A request for information referred to in the first subparagraph if an individual

shall be made in writing and be personally signed.

Law (2001:164).



Credit data copy



11 § When a credit report if a natural person is left out,


going to the meaning of enlightenment and at the same time

free be sent written notice of



1. who is engaging in credit data activities,



2. the purposes of the processing,



3. the information, reviews and advice information contains

about him or her,



4. the opportunity to rectify the data concerning him

or her, and



5. who have requested information.



If the credit report be released to the u.s.

credit institutions and securities companies, or to a

corresponding foreign companies, to be used only as

basis for calculation of the capital requirement for credit risk with

such a method referred to in article 143(1) out loud in the European Parliament

and Council Regulation (EU) no 575/2013 of 26 June 2013

prudential requirements for credit institutions and investment firms and

amendment to Regulation (EU) No 648/2012, get the message sent

later but without undue delay and is limited to information

referred to in the first subparagraph 1, 2 and 5. If the referred to with

informations requests it, is also in accordance with 3 and 4

be sent to him or her.



The first and second subparagraphs shall also apply when a credit report

provided when a partnership or limited partnership.



First to third subparagraphs shall not apply to credit information

be given by publication in a manner referred to in

freedom or freedom of speech,

but when information is provided from a database 1

Cape. 9 § freedom of speech within the meaning of the

paragrafens first paragraph 1 and 2. Law (2014:970).



Corrigendum to:



section 12, there are grounds for suspecting that a task

covered in credit data activities or provided

in a credit report in the last twelve-month period

is incorrect or misleading, or that would otherwise have

been dealt with in contravention of this law, to the operator

without delay take reasonable steps to

investigate the relationship.



It turns out that the task is incorrect or misleading,

or that it has been processed in violation of the law, should

it, if it is present in the registry, corrected, supplemented or

excluded from the register.



If an incorrect or misleading indication has been included in a

credit report issued, to rectification or

completion as soon as it can be sent to anyone who

during the most recent 12-month period received part of the task.

This does not apply to the disclosure of a credit report on

such a way that the meaning of freedom or

freedom of speech, but when the enlightenment

supplied from a database within the meaning of Chapter 1. 9 §

freedom of speech within the meaning of the paragrafens

paragraph 1 and 2.



Have the task in the most recent 12-month period provided

in a periodicals or in a credit data activities

carried out by successive releases according to

freedom of speech, should its correction or completion

as soon as it can be introduced into a the following number of

script or equivalent form of publication under

freedom of speech.



Other – fourth subparagraphs shall not apply if the task is obviously

not relevant to the assessment of his or her

accuracy in economic terms.



Have a question for correction or similar action taken up

After petition from the task intends, it shall

free of charge, to be informed as to whether such a measure

taken. Law (2010:1073).



Transfer and lease of registry



section 13 of the tables that are used in credit data activities may be transferred

or be granted to another only with the consent of the Swedish data inspection Board.



Anyone who ceases to engage in credit data activities or relating to

to move the operations to another country or to dispose of a

the tables that are used in such activities shall notify the

the Swedish data inspection Board. The inspection requires in such cases what it should

perish with the records affected by the operation. Law (1981:737).



Professional secrecy



section 14 of the one who is or has been involved in credit data activities

must not unduly reveal or make use of what he consequently rated

Learn about individuals ' personal circumstances or if professional or

trade secrets. Law (1981:737).



Supervision, etc.



15 § the Swedish Data Inspection Board supervises the observance of this law.



Supervision shall be exercised in such a way that it doesnt cause greater cost or

inconvenience than is necessary.



section 16 of the Swedish Data Inspection Board has the right to carry out inspection of the

engaging in credit data activities and to take advantage of all

documents relating to the business.



The engaging in credit data activities shall provide

the Swedish data inspection Board the information on the activities that the inspection request

for his oversight.



Credit data activities are carried out through the publication of

credit report in such a way that the meaning of freedom of the Press Act and

freedom of speech, the operating activities of a

week after publication to make sure that the data inspection Board free of charge

get part of it published. Lag (1991:1563).



section 17 if the person has the right to conduct

credit data activities overrides a provision of this

Act or a condition which has been communicated pursuant to section 4 of the other

subparagraph, the Swedish Data Inspection Board shall submit to him to take

correction, decide to change a condition previously

reporting or announce a new condition.



If rectification cannot be achieved in any other way, as far as

for any authorized under section 3 of the first subparagraph,

The Swedish data inspection Board revoke the licence. The same is true, if

the prerequisites for the State of no longer

exists.



Where an undertaking referred to in paragraph 3 of the second paragraph 1 or 3 not

take rectification, the Data Inspection Board shall notify

The Swedish financial supervisory authority.



Where an undertaking referred to in paragraph 3 of the second paragraph 2 does not take

correction, the Swedish Data Inspection Board shall inform the competent

authority of the home Member State. Correcting still does not happen,

the Data Inspection Board may prohibit company making new commitments

here in the country. Before prohibition, the Inspectorate is notified

inform the competent authority of the home Member State. In

urgent cases, the supervisory authority announce the ban at any time without prior

notification to the home Member State authority. This, then,

be notified as soon as it can be. Law (2004:301).



17 (a) repealed by Act (1997:556).



section 18 of the Government may provide for the obligation of the

engaging in credit data activities to pay fee for

Inspectorate enforcement activities under this Act.



Fee charged by the Swedish Data Inspection Board. Act (1997:556).



Penalties and damages, etc.



section 19 to the fine or imprisonment not exceeding one year are judged it as

where, either intentionally or negligently:



1. engaging in credit data activities without having the right to

According to section 3,



2. breach of sections 6 to 9, 13 or paragraph, second subparagraph

the first sentence or paragraph 16,



3. violates a constraint that has been communicated in accordance with paragraph 4 of the second

subparagraph, paragraph 13, second sentence or section 17 of the first

subparagraph, or



4. leave a false indication in the cases referred to in section 10 of the

or 16 section or in a notice under section 11.



To fine convicted the person through false declaration intentionally

give rise to any operating

credit data activities, except in the event of the excluded

in paragraph 9, leave out a credit check without

have the basis to this according to paragraph 9. To the same

penalty it as by exploiting information of any

engaging in credit data activities intentionally prepares

access to a credit report without having to

According to paragraph 9. In call cases sentenced, however, not

to responsibility. Law (2010:1073).



section 20 Has credit data activities carried out by someone who

not entitled to it under section 3, shall register used

in business explained forfeited unless it is clear

obilligt. The same applies, if the records have been transferred or

granted in contravention of section 13, first subparagraph, or if what

determined in accordance with section 13, second subparagraph, second sentence, has not been complied with.

Act (1997:556).



section 21 The engaging in credit data activities shall make good any damage

as a result of the activities added someone by improper

invasion of his privacy or inaccurate task

provided about him, if not the operating business can demonstrate that

due diligence and care have been observed. At the discretion of whether and to what

so far as the damage has occurred teketel also to suffering and other

circumstances by other than purely economic importance.



section 22 Of the engaging in credit data activities does not fulfill what

incumbent on him under section 10, 11 or 12, the Swedish data inspection Board

submit to the penalty. The same applies, if the person engaged in such activities

fails to provide access to document or disclose in

cases referred to in section 16 of the first or second paragraph. Law (1981:737).



Appeal



section 23 of the Data Inspection Board's decision under this Act may be appealed

of General Administrative Court. The Attorney General may bring an action

to take to be in the general interest.



Leave to appeal is required in the case of appeal to the Administrative Court of

decision on the imposition of a penalty. Act (1998:380).



Transitional provisions



1984:394



This law shall enter into force on the day the Government determines. Provision of 6

§ second paragraph first sentence also applies in the case of a notice to the effect that the

someone has been the subject of action under the Act (1973:558) on

temporary custody.



1988:1478



This law shall enter into force on 1 January 1989. Older regulations apply

still with regard to the statement that someone has been the subject of action

According to the law (1981:1243) the care of drug users in some cases.



1990:58



This law shall enter into force on 1 July 1990. Older regulations apply

still with regard to the statement that someone has been the subject of action


under the Act (1980:621) with specific provisions for the care of young people.



1991:1959



This law shall enter into force on 1 January 1992. Older regulations apply

still with regard to the statement that someone has been the subject of action

pursuant to lagen (1966:293) on preparation of closed psychiatric care in some

case.



1992:1616



1. This law shall enter into force on the day the Government determines.

(In force on 1 January 1994, 1993:1646).



2. A credit market company as at the date of entry into force of the law has the right to

carry on business pursuant to lagen (1963:76) if the credit company, the

still be included in the circle of undertakings referred to in paragraph 1.



1994:1397



This law shall enter into force on 1 January 1995. Decisions that have

granted prior to the entry into force may be appealed according to older provisions.



1997:556



1. This law shall enter into force on 1 July 1997.



2. Regulations that have been issued by the Swedish Data Inspection Board with support

of older provisions also apply after entry into force, if

Save as otherwise decided by the supervisory authority.



3. the undertakings referred to in paragraph 3 of the second paragraph 1, 2, 4 or 5, and

as at the date of entry into force of the law engaging in credit data-

activities may continue with the business, if the company in

two months from the date of entry into force of the law reports to

The Swedish data inspection Board that it intends to continue to pursue

the business.



4. The provision in section 6, second subparagraph, second sentence, applies also to

in the case of evidence that someone has been the subject of

measures under the Act (1967:940) regarding concerns about some

mentally retarded or lagen (1985:568) on special

cares about the mentally retarded and others.



5. the requirement in paragraph 11 shall apply from

1 October 1997.



1998:380



This law shall enter into force on 1 October 1998. In the case of

appeals against decisions handed down prior to the entry into force

older provisions.



2001:164



1. This law shall enter into force on 1 June 2001.



2. Instead of paragraph 5 apply 5 of its older

amended with regard to the processing of personal data for

the 9 § the Swedish personal data Act (1998:204) according to

transitional provisions to the Act does not apply.



2006:747



1. This law shall enter into force on 1 January 2007.



2. For information on debt settlement relating to the decisions announced

under the debt relief Act (1994:334), the older

provisions.



2010:1073



1. This law shall enter into force on 1 January 2011.



2. in the case of rectification or completion of a task in a

credit report submitted before the date of entry into force applicable section 12

in its older version.