Credit information, credit history, and credit information reports are confidential in nature, and may only be viewed or disclosed directly or indirectly with the consent of the customer or his heirs, legal representative, or authorized age, according to the Kuwaiti Credit Information Exchange Law.
The law also made it illegal to collect or distribute information and data about a natural person’s private life, opinions, beliefs, or health status.
Obtaining the report of credit information
The executive regulations of the law governing the exchange of credit information decided that in order to obtain a credit information report, the purpose of the inquiry must be legitimate, and some examples were given, such as the issuance of a judgement or judicial order, the granting, renewing, or rescheduling of loans, financing operations, and credit facilities, as well as accepting a guarantee or guaranteeing a guarantee. Or when assessing creditworthiness, determining credit ratings, and reviewing the credit position of a credit applicant in order to assess the credit risks associated with it.
Obligations of the Inquirer
The inquirer is required to follow the work systems and procedures established by the credit information company in order to obtain the data under investigation and the credit information report as follows:
- Filing the application using the approved mechanisms.
- Commitment to the specific method and method for obtaining credit information reports used by the company.
- Paying the applicable fees.
- Using the credit information report for the intended purpose without disclosing the information and data contained therein to any other party.
Obligations of Information and Data Providers
Information and Data Providers are obligated with the following:
- Providing the company with data and credit information for customers in accordance with the company’s procedures and rules approved by the Central Bank of Kuwait.
- Creating systems in place with what they have to ensure that their customers’ data and credit information are submitted to the company, and bearing responsibility for their correctness, completeness, and updating according to the forms and mechanisms that are consistent with the work systems in place.
- Notifying the company of any legal actions taken against clients within ten working days of the action being taken, in accordance with the company’s applicable systems and mechanisms.
- Notifying customers of their credit information based on what is contained in the credit information report.
Right to object to the credit information report
Submit a complaint
The customer has the right to submit a complaint to the credit information company on the form prepared for this purpose and in accordance with the procedures followed by the company, to object to the validity of the information and data contained in his credit information report within fifteen days from the date of his notification of the report. The company is obligated to include the complaint in the automated system for registering complaints within three working days from the date of receiving the complaint.
The credit information company must examine the complaint within fifteen days from the date of its receipt, and take the necessary correction of any of the information and data contained in the credit information report, if an error was found in the company’s operations and processing, and notify the customer and the inquiring party.
If a mistake was discovered in the company’s operations and processing, the credit information company must investigate the complaint within fifteen days of its receipt and correct any of the information and data contained in the credit information report, as well as notify the customer and the inquiring party.
If the company discovers an error in the information and data submitted to it, the provider of the information and data must be notified within five days of receiving the complaint to examine the complaint, make the necessary corrections, and notify the company within three days. Within fifteen days of the receipt of the complaint.
The credit information reports issued during the complaint examination must include evidence that a complaint has been filed.
If there are significant changes to the credit information report as a result of investigating a complaint from the company or the provider of information and data, all inquirers who have previously inquired and obtained the credit information report during the three months preceding the amendments are notified.
Application to the Central Bank
The customer may file a complaint with the Central Bank within fifteen days of being notified by the company of the outcome of the investigation into his complaint. The Central Bank will make a decision on this complaint within fifteen days.
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To book an appointment or request legal advice about the duties of securities companies in the optimal implementation of clients’ orders, we are pleased to receive your inquiries at (info@Taqneen.com).