Office of the Privacy Commissioner | Case Note 0909 [1994] - Credit reference agency recorded a judgment debt based on incorrect records
A complaint was made that a credit reference agency had recorded a judgment debt, which had in fact been paid in full some time previously, showing it as still outstanding. The complainant had been unable to obtain credit on a number of occasions and believed this was because of the agency's incorrect records.
The complainant wrote to the agency asking that the record of the debt be deleted from the agency's database as the debt had been paid. The agency, after checking with the creditor, amended its record to show the debt had been paid but advised the complainant that records of judgments debts were retained in the agency's database for a period of five years from the date it was loaded.
I investigated the aspect of this complaint relating to whether credit inquiries had been made of the agency about the complainant before the record had been amended and, if so, what information had been given regarding the judgment debt.
The agency replied that two credit inquiries about the complainant had been made prior to receiving the complainant's letter. The agency agreed to notify those inquirers in writing of the correct information regarding the debt.
On that basis I discontinued my investigation.
Incorrect information - Length of time information kept - Information Privacy Principles 7 and 9 Privacy Act 1993
Correction of personal information - Credit reporting agency - Failure to update records - Records updated and enquirers notified - Information privacy principle 7