Section 30 — CREDIT REPORTING AGENCIES ACT 2010

(a)

provide the requestor with a confirmation of whether or not the credit reporting agency has processed the credit information of a customer; and

(b)

where the credit reporting agency has processed the credit information of the customer, it shall—

(i)

allow the requestor to have access to the credit information held; or

Act 710

(ii)

allow the requestor to have access to the credit information held and any credit report furnished by the credit reporting agency to any subscriber or other person, within the period of twelve months preceding the date of the access request; or

(c)

where the credit reporting agency has processed the credit information of the customer, it shall, upon payment of the prescribed fee by the requestor, supply the requestor with—

(i)

a copy of the credit information mentioned in paragraph (b); or

(ii)

a copy of the credit report mentioned in subparagraph (b)(ii) in an intelligible form.

(2)

Where a credit reporting agency does not hold the credit information, but controls the processing of the credit information in such a way as to prohibit the credit reporting agency which holds the credit information from complying, whether in whole or in part, with the access request under subsection (1) which relates to the credit information, the first-mentioned credit reporting agency shall be deemed to hold the credit information and the provisions of this Act shall be construed accordingly.

(3)

Subject to subsection (5), a credit reporting agency which is unable to comply with an access request within the period as specified in subsection (1) shall, before the expiration of that period—

(a)

inform the requestor by notice in writing that it is unable to comply with the access request and the reasons why it is unable to do so; and

(b)

comply with the access request to the extent that it is able to do so.

(4)

Where the requestor is given access to, or supplied with a copy of the credit information or credit report pursuant to subsection (1), the credit reporting agency shall advise the requestor that he may request for the correction of that credit information or credit report under section 31.

Credit Reporting Agencies 35

(5)

A credit reporting agency may refuse to comply with an access request made under subsection (1) if—

(a)

the credit reporting agency is not supplied with such information as it may reasonably require—

(i)

in order to satisfy itself as to the identity of the requestor; or

(ii)

where the requestor claims to be a relevant person, in order to satisfy itself—

(A)

as to the identity of the customer in relation to whom the requestor claims to be the relevant person; and

(B)

that the requestor is the relevant person in relation to the customer;

(b)

the credit reporting agency is not supplied with such information as it may reasonably require to locate the credit information to which the access request relates;

(c)

the burden or expense of providing access is disproportionate to the risks to the customer’s privacy in relation to the credit information in the case in question;

(d)

the credit reporting agency cannot comply with the access request without disclosing credit information relating to another person who can be identified from that information, unless—

(i)

that other person has consented to the disclosure of the credit information to the requestor; or

(ii)

it is reasonable in all the circumstances to comply with the access request without the consent of the other person;

(e)

subject to subsection (7), any other credit reporting agency controls the processing of the credit information to which the access request relates in such a way as to prohibit the first-mentioned credit reporting agency from complying, whether in whole or in part, with the access request;

Act 710

(f)

providing access would constitute a violation of an order of a court;

(g)

providing access would disclose confidential commercial information; or

(h)

such access to credit information is regulated by another law.

(6)

In determining for the purposes of subparagraph (5)(d)(ii)

whether it is reasonable in all circumstances to comply with the access request without the consent of the other person, regard shall be had, in particular, to—

(a)

any duty of confidentiality owed to the other person;

(b)

any steps taken by the credit reporting agency with a view to seeking the consent of the other person;

(c)

whether the other person is capable of giving consent;

and

(d)

any express refusal of consent by the other person.

(7)

Paragraph (5)(e) shall not operate so as to excuse the credit reporting agency from complying with the access request—

(a)

in so far as the access request relates to paragraph (1)(a), to any extent; or

(b)

in so far as the access request relates to paragraph (1)(b)

or (c), to any extent that the credit reporting agency can comply with the request without contravening the prohibition concerned.

(8)

Where the credit reporting agency refuses to comply with an access request under subsection (1), the credit reporting agency shall not later than twenty-one days from the date of receipt of the access request, by notice in writing—

(a)

inform the requestor of the refusal and the reasons for the refusal;

Credit Reporting Agencies 37

(b)

advise the requestor of his rights under section 35; and

(c)

provide the requestor with a copy of the Summary of

Rights.

(9)

A credit reporting agency which contravenes this section commits an offence and shall, upon conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Right to correct credit information or credit report