Data Protection Commissioner

[text version]

1.16  Can a lender request a prospective borrower to carry out an ICB credit check for submission to the lender as part of the loan application process?

No. The right of access to personal data is to allow an individual to check for themselves that their personal data is not being misused by an organisation.  It is an offence under Section 4 (13) of the Data Protection Acts to require an individual to make an access request in such circumstances. While this sub-section of the Acts is not yet in force, it is clearly against the spirit of the Acts to make such a request of an individual.

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