Section 31 — CREDIT REPORTING AGENCIES ACT 2010

(a)

a copy of the credit information or credit report has been supplied by the credit reporting agency in compliance with an access request under section 30 and the requestor considers that the credit information or credit report is inaccurate, not up-to-date, incomplete, irrelevant or misleading; or

(b)

the customer knows that the credit information being held by the credit reporting agency is inaccurate, not up-to-date, incomplete, irrelevant or misleading, the requestor or customer, as the case may be, may make a correction request in writing to the credit reporting agency that it makes the necessary correction to the credit information or credit report.

(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 who holds the credit information from complying, whether in whole or in part, with the correction request under subsection (1) which relates to the credit information, the first-mentioned credit reporting agency shall be deemed to be the credit reporting agency to whom such a request may be made and the provisions of this Act shall be construed accordingly.

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(3)

A credit reporting agency shall upon being satisfied that the credit information or credit report to which a correction request under subsection (1) relates is inaccurate, not up-to-date, incomplete, irrelevant or misleading, or on its own initiative—

(a)

take steps to correct the credit information or credit report to ensure that the credit information or credit report is accurate, up-to-date, complete, relevant and not misleading;

(b)

pending the making of any correction under paragraph (a), either suppress the disputed credit information or credit report or clearly identify the credit information or credit report as disputed and being checked for accuracy; and

(c)

provide the requestor with a copy of the Summary of

Rights.

(4)

Subject to subsections (5), (7) and (8), where a credit reporting agency receives a correction request under subsection (1), the credit reporting agency shall not later than twenty-one days from the date of receipt of the correction request—

(a)

inform the requestor of the action taken as a result of the correction request;

(b)

inform the requestor of the correction made in compliance with the request and supply the requestor with a copy of the credit information or credit report as corrected;

and

(c)

subject to subsection (6), where—

(i)

the credit information or credit report has been disclosed to a subscriber or other person during the twelve months immediately preceding the day on which the correction is made; and

(ii)

the credit reporting agency has no reason to believe that the subscriber or other person has ceased using that credit information or credit report for the purpose, including any directly related purpose, for which the credit information or credit report was disclosed to the subscriber or other person,

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take all practicable steps to supply the subscriber or other person with a copy of that credit information or credit report as so corrected accompanied by a notice in writing stating the reasons for the correction.

(5)

A credit reporting agency which is unable to comply with a correction request within the period specified in subsection (4)

shall before the expiration of that period—

(a)

inform the requestor by notice in writing that it is unable to comply with the correction request within such period and the reasons why he is unable to do so; and

(b)

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

(6)

A credit reporting agency is not required to comply with paragraph (4)(c) in any case where the disclosure of the credit information or credit report to a subscriber or other person consists of the subscriber’s or other person’s own inspection of the Register—

(a)

in which the credit information or credit report is entered or otherwise recorded; and

(b)

which is available for inspection by the public.

(7)

Where a credit reporting agency is requested to correct the credit information under subsection (1) and the credit information is being processed by another credit reporting agency that is in a better position to respond to the correction request—

(a)

the first-mentioned credit reporting agency shall immediately transfer the correction request to such credit reporting agency, and notify the requestor of this fact; and

(b)

section 31 shall apply as if the references therein to a credit reporting agency were references to such other credit reporting agency.

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(8)

A credit reporting agency may refuse to comply with a correction request 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 ascertain in what way the credit information or credit report to which the correction request relates is inaccurate, not up-to-date, incomplete, irrelevant or misleading;

(c)

the credit reporting agency is not satisfied that the credit information or credit report to which the correction request relates is inaccurate, not up-to-date, incomplete, irrelevant or misleading;

(d)

the credit reporting agency is not satisfied that the correction which is the subject of the correction request is accurate, up-to-date, complete, relevant or not misleading; or

(e)

subject to subsection (9), any other credit reporting agency controls the processing of the credit information to which the correction 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 correction request.

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(9)

Paragraph (8)(e) shall not operate so as to excuse the credit reporting agency from complying with subsection (4) in relation to the correction request concerned to the extent that the credit reporting agency can comply with that subsection without contravening the prohibition concerned.

(10)

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

(a)

notify the requestor of the refusal and the reasons for such refusal;

(b)

advise the requestor that there is attached to the credit information or credit report a statement of the correction sought but not made;

(c)

if so requested by the requestor, take such steps as are reasonable in the circumstances to attach to the credit information or credit report, in such a manner that it will always be read with the credit information or credit report, any statement provided by the requestor of the correction sought;

(d)

where paragraph (8)(e) is applicable, notify the requestor of the name and address of the other credit reporting agency concerned; and

(e)

advise the requestor of his rights under section 35.

(11)

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.

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