Registration of personal data in the record system of the Credit Bureau - an analysis of non-unitary case law
Registration of personal data in the record system of the Credit Bureau - an analysis of non-unitary case law

Author(s): Loredana Costina
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: protection of personal data; credit bureau; GDPR; Decision no. 105/2007;
Summary/Abstract: The paper analyzes the legal regime of registration of personal data of individuals, debtors of banking companies and NFIs within the Credit Bureau (Biroul de Credit) S.A. The paper analyzes the provisions of Decision no. 105/2007 on the processing of personal data in record-keeping systems such as credit bureaus and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to data processing of personal character and regarding the free movement of these data and the conflict in time between the two normative acts, as it has been interpreted in the non-unitary jurisprudence of the courts. The results of the study show that, in the majority jurisprudence at the level of the Bucharest Tribunal, Decision no. 105/2007 continues to apply for the registration of late payments from credit agreements signed before May 25, 2018, although this decision is no longer in force. The implications of this conclusion are major for the activity of banking and non-banking financial institutions, the present paper arguing that for these credit agreements the records made in the database of Credit Bureau S.A. under Regulation (EU) 2016/679, the majority practice in these institutions, are illegal.

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