It is not easy for an affected person to view credit information at the Bureau Krediet Registratie (BKR). This is evident from reporting by NOS. In the article, several legal experts state that the BKR is acting dubiously under the regulations regarding the right to access personal data.
The BKR stores data of millions of Dutch people on loans, debts and arrears. When someone wants to apply for a mortgage or loan, the BKR registration is always looked at first. It is therefore important that the information BKR has can also be viewed (in a timely manner) by the person in question. After all, this way the person in question knows what his debt is and whether the latter can get a mortgage or loan, for example.
However, legal experts inform NOS that the right to access this data at BKR is not done in the way prescribed under the General Data Protection Regulation. First of all, the BKR demands amounts of money from 4.95 to 12.50 Euro for direct access to the data. A free option is offered, but then it can take 4 weeks for the BKR to provide the data. Under the AVG, no fee may be charged for such inspection. This is only allowed in case additional copies are requested. Moreover, the data controller is obliged, within a month but actually as soon as possible, to provide the information. The NIS reports that with the free request for inspection, there is usually a 4-week wait for the data. This while with a paid request the information is provided immediately. This working method is undesirable for people in debt. After all, the people concerned who want insight into their debts will benefit from quick access, but simply do not have the financial means to do so.
Moreover, free inspection is unnecessarily complicated in another way. With paid inspection, the request can be made online while for free inspection, a form must be sent by mail. Under the AVG, however, such a request should also be able to be requested electronically. In addition, the BKR states that a free inspection request may only be made once a year. The AVG states that a request for inspection may be requested at "reasonable intervals." It is easy to imagine someone deep in debt wanting to review their BKR registration several times a year.
Meanwhile, the Autoriteit Persoonsgegevens (AP) has also responded to BKR's methods. For example, a spokesperson for the AP says: "We have several complaints about this in progress. It includes rules in the privacy law AVG about the right to access. The complaints raise the question of whether the approach is in line with the AVG." An investigation into the BKR's approach is therefore underway.
This article can also be found in the AVG file
