Open this brochure to see the
Summary of Rights which is
also available in Arabic, Chinese
(Simplified and Traditional),
Farsi, Fijian, Hindi, Korean,
Maori, Samoan, Spanish and
Tongan. The translations can
be found at:
www.privacy.org.nz
Our contact details
Office of the Privacy Commissioner
PO Box 10-094
Level 4, 109-111 Featherston Street
Wellington 6143
04-474 7590
Enquiries line
0800 803 909
Website
www.privacy.org.nz
Credit
Privacy Code
Reporting
What you
need to know
You have the right to seek correction
of credit information
Inaccurate information could affect your ability to
get credit. You can ask credit reporters to correct
your information, and they’ll work with credit
providers and others to assist you, so contact
them and get it sorted before you seek credit
If you believe you’re at risk of identity
fraud, ask credit reporters to “freeze”
your credit information until the risk
has passed
You can ask credit reporters to suppress (“freeze”)
your credit report if you believe you’re at risk of
fraud. This will help stop new credit accounts being
opened in your name
There’s more than one credit reporter –
make sure you talk to them all
There are a number of credit reporters in New
Zealand. If you want to access your credit report,
correct some information or freeze your report,
make sure you contact them all
Credit reporting helps credit providers
decide whether to lend to you
Credit reporters gather and share information
about your past behaviour which helps credit
providers to make future decisions
Your borrowing reflects on you
Credit providers can now see how much you’ve
borrowed and whether you’re managing to make
the repayments on time
Credit isn’t just about borrowing
money; power and phone companies
also give credit
Information on whether you paid your credit card,
mortgage, car finance and HP will end up on your
credit report – but so too might your payment
history for power and phone accounts
Regularly check your credit report,
especially if you’re about to seek
credit
Your credit information is changing all the time
and could have a big impact on you. It’s free to
check with a credit reporter so do it regularly
Credit Reporting
Privacy Code
What you need
to know about
credit reporting
Some information can be reported about you
Credit reporters can collect only certain types of information for their credit reporting
databases. The types of information they can collect are set out in the Code. Some of
the information is about:
• thecreditaccountsyouhold,includingtheircreditlimitsandrepaymenthistory;
• anytimesyouhavedefaultedoncreditrepayments(whereafailuretopayhas
gonetodebtcollection);
• anycourtjudgmentsthathavebeenmadeagainstyou;and
• anytimesyouhavebeenmadebankruptorenteredintoaninsolvency
arangement.
There are time limits for keeping and reporting information
Credit reporters can:
• generallydisclosethisinformationforonly4to5yearsandkeepitonlyone
furtheryear;
• discloseinformationaboutyourcurrentaccountsuntiltwoyearsafterthose
accountshaveclosed;
• keepidenticationinformationindenitely;and
• keepinformationaboutmultiplebankruptciesindenitely.
Only certain people can access your report for certain purposes
The Code limits the people who can gain access to your credit information. These will
usually be credit providers who are considering your application for credit. In some
strictly limited circumstances, the information may be made available to:
• prospectivelandlordswhohaveofferedyouatenancy;
• prospectiveemployerswhohaveofferedyouajob,aslongasthatjobinvolves
signicantnancialrisk;
• prospectiveinsurersinvolvedininsuringyourmortgage;
• debtcollectorsenforcingadebtagainstyou;
• peopleinvolvedincourtproceedings;and
• certainpublicsectoragenciesactingunderanotherlaw.
Your credit information may not be disclosed by a credit reporter for direct marketing
purposes.
Your consent is needed in most situations
Most credit checks can take place only with your consent. This applies to access by
credit providers, prospective landlords and prospective employers. Your consent may
not be required for access by certain public sector agencies, people involved in court
proceedings and debt collectors. The credit reporter must log each access that is
made to your information and will normally let you know this information if you ask.
You can ask a credit reporter to suppress your credit information if
you think you are a victim of fraud
If you believe you are the victim of fraud, including identity fraud, you can ask a credit
reporter to suppress your credit information for 10 working days. While your credit
information is suppressed, the credit reporter cannot disclose it in the normal way.
If a credit provider asks the credit reporter for your information, the credit reporter can
tell them that your credit information is suppressed. The credit provider will know that
you may be the victim of fraud and that someone else may be applying for credit in
your name.
If you want to apply for credit while your credit information is suppressed, you can ask
the credit reporter to release the information to a particular credit provider. The credit
reporter must take careful steps to confirm your identity before agreeing to do this.
If you think the fraud is continuing, you can ask the credit reporter to extend the
suppression beyond 10 working days. The credit reporter must give you the chance to
prove that you are the victim of fraud. They can refuse to suppress your information if
they do not think you are the victim of fraud.
A summary of your rights
under the Credit Reporting
Privacy Code 2004
The Credit Reporting Privacy Code 2004 promotes fairness, accuracy, and privacy in the practice of credit
reporting. Credit reporters gather and sell information about you, such as a failure to pay your bills or if you
have been made bankrupt. The Code, together with the Privacy Act 1993, gives you specific rights, many
of which are summarised below. You can find the complete text of the Code and a link to the Privacy Act
at: www.privacy.org.nz.
Warning: This is only a generalised summary. If there is a difference between this summary and a provision of the
Code or Act, the Code or Act prevails.
You can find out what is held about you
What you can ask for – You are entitled to ask credit reporters for a copy of the credit
information they hold about you. You can ask for just the information in your credit
report or for all the information held about you. Extra information not included in your
credit report could include things like a complete list of people who have accessed
your report. If a credit reporter has generated a credit score about you, you have the
right to an explanation of this score.
Getting the information – The credit reporter must provide the information to you
without too much delay. If you want the information quickly (within 5 working days)
you may need to pay a reasonable charge, but otherwise no charge can be made. A
credit reporter must check the identity of anyone making a personal access request.
This may involve asking you for certain identification details, although these cannot be
added to the credit reporter’s database without your consent.
You can dispute inaccurate information with the credit reporter
Credit reporters must take reasonable steps to ensure the information they hold
is accurate, and promptly correct any errors they become aware of. If you tell a
credit reporter that your report contains an inaccuracy, the credit reporter must,
if appropriate, take steps to correct it. They will usually check the information you
provide with the source, such as a credit provider who submitted a default. During this
checking process, the credit reporter must flag your report to show that the item has
been disputed.
When the credit reporter must make a decision about inaccurate information –
The credit reporter must decide as soon as they can whether to make the correction
you have requested or to confirm the accuracy of the information. If the credit reporter
needs longer than 20 working days to make a decision they must let you know and tell
you why.
What happens if the correction you asked for is not made – If the correction you
asked for is not made, you must be told why. You may also ask for a note of your
request to be added to your file. This note will be included with future reports.
What happens if a correction is made – If a correction is made, the credit reporter
must tell anyone who has recently received your credit report. The credit reporter must
tell you what they have done and give you a copy of the amended report.
Sometimes correction may not be appropriate – A credit report describes your
credit history, not simply your current debts. Certain information can continue to be
reported as long as it is updated to reflect later developments. This includes things like
a past bankruptcy or a default that has since been paid in full. In this way, the report
remains an accurate statement of those past events.
You have the right to complain if you think the Code has been
breached
If you believe a credit reporter has breached the Code, you should first approach that
credit reporter directly. Each credit reporter must have their own complaints procedure,
and a person who specialises in helping to resolve complaints in a way that is fair,
simple and efficient.
If your complaint is not resolved, you may complain to the Privacy Commissioner, who
has powers to investigate the matter. Some cases that cannot be settled can be taken
to the Human Rights Review Tribunal.
In addition to your rights under the Code, you may take a credit reporter to court.
You may choose to do this if you are claiming defamation or negligence. For more
information, contact a lawyer or community law centre.
Contact Information – Credit Reporters
Centrix 0800 236 874
Dun & Bradstreet 0800 362 222
Veda 0800 692 733
www.mycreditfile.co.nz | [email protected]
(April 2012)
Contact: web www.privacy.org.nz enquiries line 0800 803 909 email enquiries@privacy.org.nz address P O Box 10-094, Wellington 6143
