Section 39 — CREDIT REPORTING AGENCIES ACT 2010

(a)

is contravening a provision of this Act; or

(b)

has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated, then the Registrar may serve on the relevant credit reporting agency an enforcement notice—

(A)

stating that he is of that opinion;

(B)

specifying the provision of this Act on which he has based that opinion and the reasons why he is of that opinion;

(C)

directing the relevant credit reporting agency to take such steps as are specified in the enforcement notice to remedy the contravention or, as the case may be, the matters occasioning it within such period as is specified in the enforcement notice; and

(D)

directing, where necessary, the relevant credit reporting agency to cease processing the credit information pending the remedy of the contravention by the relevant credit reporting agency.

(2)

In deciding whether to serve an enforcement notice, the

Registrar shall consider whether the contravention or the matter to which the enforcement notice relates has caused or is likely to cause damage or distress to the customer of the credit information to which the contravention or matter relates.

(3)

The steps as specified in the enforcement notice to remedy the contravention or matter to which the enforcement notice relates may be framed—

(a)

to any extent by reference to any code of practice issued under section 75; or

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(b)

so as to afford the relevant credit reporting agency a choice between different ways of remedying the contravention or matter.

(4)

The period specified in an enforcement notice under subsection (1) for taking the steps specified in it shall not expire before the end of the period specified in subsection 59(2) within which an appeal against the enforcement notice may be made and, if such an appeal is made, those steps need not be taken pending the determination or withdrawal of the appeal.

(5)

Notwithstanding subsection (4), if the Registrar is of the opinion that by reason of special circumstances the steps specified in the enforcement notice should be taken as a matter of urgency—

(a)

he may include a statement to that effect in the enforcement notice together with the reasons why he is of that opinion;

and

(b)

where such a statement is so included, subsection (4) shall not apply but the enforcement notice shall not require those steps to be taken before the end of the period of seven days from the date on which the enforcement notice was served.

(6)

An appeal may be made to the Minister against an enforcement notice by the relevant credit reporting agency in accordance with section 59.

(7)

Where the Registrar—

(a)

forms an opinion referred to in subsection (1) in respect of the relevant credit reporting agency at any time before the completion of an investigation; and

(b)

is also of the opinion that, by reason of special circumstances, an enforcement notice should be served on the relevant credit reporting agency as a matter of urgency,

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he may so serve the enforcement notice notwithstanding that the investigation has not been completed and, in any such case—

(A)

the Registrar shall, without prejudice to any other matters to be included in the enforcement notice, specify in the enforcement notice the reasons as to why he is of the opinion referred to in paragraph (b); and

(B)

the other provisions of this Act, including this section, shall be construed accordingly.

(8)

A person who fails to comply with an enforcement notice commits an offence and shall, on 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.

Variation or cancellation of enforcement notice