Proposed Credit Data Law, Chapter A: Objective. Objective

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1 The translation is intended solely for the convenience of the reader. This translation has no legal status and although every effort has been made to ensure its accuracy, the Bank of Israel does not assume any responsibility whatsoever as to its accuracy and is not bound by its contents. Only the original Hebrew text is binding and the reader is advised to consult the authoritative Hebrew text. Proposed Credit Data Law, Objective Chapter A: Objective 1. (a) The objective of this law is to establish a general arrangement for sharing credit data, including regulations governing the collection of credit data from the information sources set forth in law, saving them in a central register operated by the Bank of Israel, and transmitting credit data from it to credit bureaus for their processing and transfer to credit providers, among others, while protecting the privacy of the customers to whom the data refer and preventing greater than necessary breaches of privacy, for the following purposes: (1) Enhancing competition in the retail credit market; (2) Expanding access to credit; (3) Reducing of discrimination in the granting of credit and of economic gaps; (4) Creating an anonymous database for use by the Bank of Israel in carrying out its functions. (b) Alongside the general arrangement for sharing credit data set forth in Subsection (a) above, this law is designed to establish an arrangement for the collection, management, and maintenance, in the course of business, of individuals credit data solely in their activity as businesses, for the purpose of providing them to another party. Definitions 2. In this law: Chapter B: Definitions Credit report - A report containing credit data, as used in Article B of Chapter G,; Consolidated data report A report containing all the information about a customer included in the register, as used in Article D of Chapter G; Credit rating An assessment of the probability that a customer will make the payments that he has undertaken; 1

2 Public infrastructure company An owner of a license to provide an essential service and an owner of a supply license, as defined in the Electricity Sector Law, , 1 and also a company as defined in the Water and Sewage Corporation Law, and a local authority supplying water to its residents; Bank of Israel Law The Bank of Israel Law, ; 3 Banking (Licensing) Law The Banking (Licensing) Law, ; 4 Protection of Privacy Law The Protection of Privacy Law, ; 5 Companies Law The Companies Law, ; 6 Penal Law The Penal Law, ; 7 Creditworthiness assessment An assessment of whether a customer should be granted credit, or of the level of risk incurred by granting such credit, as used in Section C of Chapter G. Customer An individual who is not a minor, including in his activity as a business; Credit bureau A possessor of a credit data service license; Business information bureau A possessor of a business information service license; The register The credit register established according to Chapter E; Identifying information Information that includes an identifying particular of a customer, or information from which a customer s identifying particulars have been separated, but the customer to whom the information pertains can be identified with a reasonable effort; Nonidentifying information Information about a customer that is not identifying information; Paid authorized representative One whom the customer has given a power of attorney to receive a consolidated data report about him, and who fulfills one of the following criteria, excluding a credit bureau to which the customer has given such a power of attorney for the purpose of obtaining services based on credit data from that credit bureau, as set forth in Section 13(2): (1) He is paid for obtaining the consolidated data report on behalf of the customer, or for providing services based on such a report; (2) He obtains a consolidated data report on behalf of others in the course of business, or provides service based on such a report in the course of business; 1 Sefer Hahukim 5756, p Sefer Hahukim 5761, p Sefer Hahukim 5770, p Sefer Hahukim 5741, p Sefer Hahukim 5741, p Sefer Hahukim 5759, p Sefer Hahukim 5737, p

3 The Supervisor The supervisor of credit data sharing, appointed under Section 62; Debit card issuer - An auxiliary corporation, as defined in the Banking (Licensing) Law, that issues debit cards; Authorized source A credit provider, other than a banking corporation, a debit card issuer, or a public infrastructure company, whose institutional records kept for the purpose of payments are institutional records for which the conditions set forth in Section 36 of the Evidence Ordinance (New Version), are fulfilled; Information source Any information source obligated to transfer the information to the register, or an entity permitted to transfer information to the register under the provisions of Section 16; Credit data user A credit provider permitted to obtain a credit report from the credit bureau according to Chapter G, Article B, and if the Minister determines, under Section 30, an additional entity permitted to receive such a credit report and also such an entity; The Governor The Governor of the Bank of Israel appointed under Section 6 of the Bank of Israel Law; Officeholder As defined in the Companies Law; Credit provider Anyone providing credit in the framework of a credit transaction in the course of business, and anyone mediating in the course of business in credit transactions between lenders and borrowers of the type defined by the Minister; Credit data Data, as detailed below, about the customer, including identifying particulars about him, as defined by the Minister according to Section 100, and which are required for the purpose of assessing the probability that the customer will make the payments that he has undertaken; (1) Data about payments undertaken and actually made by the customer, including the terms of the undertaking, and legal orders or restrictions imposed on the customer in respect of non-payment; (2) Data concerning requests by the customer for credit, including requests submitted by a credit bureau to the Bank of Israel in accordance with Section 7, for credit data from the register; (3) Data concerning the volume of credit that the customer is permitted to take; (4) Data concerning the types and characteristics of the customer s bank accounts, and the existence of related accounts; Business As defined in the Protection of Privacy Law, ; 9 Credit transaction Includes the provision of credit in the sale of an asset or providing a service, except for marketing of a credit transaction; 8 Laws of the State of Israel, New Version 18, p Sefer Hahukim 5741, p

4 Identifying particular First name, last name, ID number, and any other information that can lead, directly or indirectly, to the identification of a specific customer; Business information service license A license to operate a business information service, granted according to Chapter J; Credit data service license A license to operate a credit data service, granted according to Chapter D; Credit data-based service One of the services listed in Section 13; Business information service Collection, management, and maintenance of credit data about a customer exclusively for his activity as a business, for the purpose of communicating them to another party, in the course of business; Credit data service Obtaining and holding credit data contained in the register from the Bank of Israel for the purpose of communicating them to another party, or for the purpose of providing a creditworthiness assessment to another party, in the course of business; Control As defined in the Securities Law, , 10 and every term in this definition shall be interpreted according to said law; The Minister The Minister of Justice; Banking corporation As defined in the Banking (Licensing) Law. Chapter C General Provisions 3. Collecting, maintaining, and c credit data by the Bank of Israel The Bank of Israel shall collect credit data from the information sources, retain the data in a database, and transmit them to credit bureaus and customers, all for the objectives of this law and the uses stipulated in it, according to its provisions. 4. A prohibition on collecting, retaining, and transmitting credit data by anyone other than the Bank of Israel (a) No one other than the Bank of Israel shall collect credit data, retain data that he has collected for the purpose of disclosing them to another party, or transmit them to another party in the course of business. (b) Notwithstanding the provisions of subsection (a) above: (1) A credit bureau is entitled to operate a credit data service; (2) A business information bureau is entitled to operate a business information service. 5. Operating a credit data service No one shall operate a credit data service other than a credit bureau, and only in accordance with the terms of the license granted to him. 10 Sefer Hahukim 5728, p

5 6. Operating a business information service No one shall operate a business information service other than a business information bureau, and only in accordance with the terms of the license granted to him. 7. A credit data service license Chapter D: Credit Data Service Licensing (a) The Supervisor is authorized to grant a credit data service license (in this chapter a license) to a party requesting one who fulfills all of the following conditions: (1) The party making the request is a company, as defined in the Companies Law; (2) The party making the request is not a controlling interest in a user of the credit data or in a paid authorized representative, and is not controlled by such a user or said authorized representative or by a controlling interest in such user or said authorized representative; (3) The party making the request has registered the database as a database according to the Protection of Privacy Law; (4) The party making the request has provided a guarantee according to the provisions of Section 8; (5) Neither the party making the request, nor a controlling interest or officeholder of the entity making the request, have been convicted of an offense, the substance, severity, or circumstances of which renders them unworthy of receiving a license, and no indictment for such an offense has been filed against any of the above parties for which a final verdict has not yet been rendered. (b) If the Supervisor has reasonable grounds for assuming that the party requesting the license will use the information he obtains for purposes not in the law, or will not meet the requirements under this law, he is authorized to refrain from granting him a license. (c) The Governor shall establish regulations regarding how a request for a license is to be submitted in accordance with this paragraph, the particulars to be included in it, and the documents to be attached to it. 8. A guarantee (a) As a condition for granting the license, the Supervisor shall require the party requesting the license to deposit a guarantee with the Supervisor of the required amount, taking into account the volume of the business. The Governor is authorized to set regulations in this matter, include the type of guarantee, how the amount is determined, how it is deposited, its purposes, the conditions under which it can be realized, and how it is to be realized. (b) If the Supervisor becomes aware that the circumstances have changed in a way requiring a change in the guarantee, he is authorized to order a change in it. 9. Reporting changes to the Supervisor 5

6 If a change occurs in any of the particulars provided to the Supervisor by the party requesting the license as part of his request, or in the documents attached to it, the party shall report this to the Supervisor as soon as possible, and no later than 10 days from the day he becomes aware of the change, and shall attach the documents pertaining to the matter. 10. Conditions in the license The Supervisor is authorized to set conditions and restrictions in the license for the purpose of guaranteeing the activity of a credit bureau in accordance with the provisions under this law, including requirements pertaining to information security. 11. Cancellation or suspension of a license (a) The Supervisor is authorized to cancel or suspend a license if he finds that one of the following conditions holds: (1) The license was granted on the basis of fraudulent or erroneous information; (2) Any of the conditions for granting the license is no longer fulfilled; (3) The credit bureau has violated any of the provisions under this law, or any of the Supervisor s instructions, or any of the license conditions; (4) The credit bureau did not begin to operate a credit data service within two years of the date on which the license was granted, or discontinued the operation of the service during such a period; (5) The credit bureau has decided on voluntary liquidation, or the Court has appointed a receiver or ordered its liquidation; (6) There are valid grounds for concluding that the public good justifies cancellation or suspension of the license. (b) The Supervisor shall give the Registrar, as defined in Section 7 of the Protection of Privacy Law, notice that the license has been canceled or suspended, and shall publish an announcement of it to the public in a manner to be determined by the Governor. 12. Operating a credit data service and the designation of the business. (a) As part of its operation of a credit data services, a credit bureau is permitted to engage in the following activities: (1) To obtain credit data included in the register from the Bank of Israel, and to store them for the purpose of writing a credit report or a creditworthiness assessment for another party, and in order to deliver the report or assessment to another party; (2) To obtain a consolidated data report from the Bank of Israel for the purpose of delivering it to a customer or a paid authorized representative, and to deliver it to him. 6

7 (b) A credit bureau shall not engage in any business that is not such a credit data service, as set forth in subsection (a), without having received permission for it from the Supervisor. (c) The Supervisor shall not provide the authorization mentioned in subsection (b) unless he is convinced that the additional, requested business will not detract from the objectives of this law, or from the proper conduct of a credit data service, or from the interests of the users of credit data or those of the customers. (d) The provisions of this Section shall not apply to the following activities by a credit bureau: (1) Providing credit data-based services; (2) Operating a business information service if the credit bureau has obtained a business information service license, and providing any service based on information obtained in the framework of such activity. 13. Credit data-based services In addition to operating a credit data service, as described in Paragraph 12, a credit bureau is entitled to provide the following services: (1) Services as listed below for a credit provider, based on credit data obtained from the register for the purpose of issuing a credit report: (a) A customer s credit rating; (b) Notice of a change in the credit rating of a customer, or in the credit data about him included in the register; (c) Advice in these matters: (1) A credit transaction agreement with a customer and the terms of the transaction; (2) The viability of instituting collection measures for a customer who is late in making payments he has undertaken; (3) The level of risk incurred in the aggregate credit granted by a credit provider to all his customers, or to some of them; (2) Services as listed below for a customer, based on a consolidated data report: (a) The customer s credit rating; (b) Advice concerning improvement of the customer s credit rating; (c) Notice of a change in the credit rating of the customer, or in the credit data about him included in the register. Chapter E: Establishing a Credit Register and its Purposes 14. Setting up the credit register and its purposes (a) The Bank of Israel shall establish a register that will include credit data obtained from information sources according to the provisions of Chapter F. The register shall 7

8 also include information on requests to correct information, submitted under Chapter H as well as data about customer queries for the register according to the law. (b) The register shall be used exclusively for the following purposes: (1) Delivering credit information to credit bureaus about a specific customer for the purpose of preparing a credit report or creditworthiness assessment report about that customer, in accordance with the provisions of Chapter G, Articles B and C, or for the purpose of delivering these reports to a paid authorized representative in accordance with the provisions of Chapter G, Article E; (2) Delivering to the customer information about him, in accordance with the provisions of Chapter G, Article D; (3) Establishing an anonymous database for use by the Bank of Israel in carrying out its functions under the Bank of Israel Law, in accordance with the provisions of Section 42; (4) Establishing an anonymous database for use by the credit bureaus in developing statistical models needed in order to provide services based on credit data, in accordance with the provisions of Section 43. (c) The technological system used for the register shall minimize, to the greatest extent possible, with due consideration of the acceptable available alternatives, the risk of breaches of customers privacy and the risk of breaches of information security in the register. The system shall be designed in consultation with the Registrar, as defined in Section 7 of the Protection of Privacy Law. 15. Register manager The register shall be managed by a Bank of Israel employee, to be appointed by the Governor (hereafter the register manager). Chapter F: Transferring Information to the Register and Maintaining It 16. Transferring credit data to the register by the information sources (a) The information sources listed below shall transfer credit data to the register for the purpose of their inclusion in the register: (1) The official receiver; (2) The Execution Office; (3) The Bank of Israel; (4) A Court (5) A public infrastructure company; (6) A banking corporation; 8

9 (7) A debit or credit card issuer. (b) The credit data transferred by the information sources under subsection (a) shall be of the type determined by the Minister, with the consent of the Governor and the Minister of Finance, subject to the following provisions: (1) The credit data transferred by the Bank of Israel shall be data concerning the customer being a restricted or severely restricted customer according to the meaning of those terms in the Checks without Cover Law, ; 11 (2) The credit data transferred by the Court shall be data concerning a restriction order issued under Section 7 of the Companies Law; (3) The data transferred by a public infrastructure company shall be data concerning payments for electricity or water consumption. (c) Notwithstanding the provisions of subsections (a) and (b), the Minister is authorized, with the consent of the Governor and the Minister of Finance, to decide that one of the information sources listed in subsection (a) that fulfills the conditions to be determined shall not be required to transfer credit data to the register. (d) An authorized source is permitted to transfer to the register credit data of the type determined by the Minister, with the consent of the Governor and the Minister of Finance, and the Minister is authorized, in consultation with the Minister of Finance, if he has found that it is necessary to achieve the objectives of this law, to allow additional information sources to transfer credit data of the type determined to the register. (e) Notwithstanding the provisions of subsection (d), the Minister is authorized to determined that one of the information sources listed in that subsection is obligated to transfer credit data to the register, as stated in that subsection, and the Governor is authorized, in consultation with the Minister, to determine that a source of such information whose volume of credit granted to customers exceeds a sum to be determined is obligated to transfer such credit data. (f) An information source shall employ all reasonable measures to ensure the accuracy and reliability of the credit data that he transfers to the register under this paragraph. The Supervisor is authorized to order that specific means be taken to ensure such accuracy and reliability. (g) The Supervisor shall stipulate the method for transferring credit data to the register under this paragraph and the date for their transfer, and is authorized to issue detailed instructions for the credit data to be transferred, subject to the types of credit data stipulated by the Minister under subsections (b) and (d). 17. Restrictions on the transfer of credit data to the register The Supervisor is authorized to prohibit or restrict the transfer of credit data to the register by an information source if he believes that it is necessary in order to fulfill 11 Sefer Hahukim 5741, p

10 the objectives of this law, and if exceptional circumstances stipulated by him are fulfilled. 18. Retaining credit data in the register (a) The Bank of Israel shall retain the credit data that were transferred to the register by an information source according to Section 16. (b) Notwithstanding the provisions of Subsection (a), the Bank of Israel is authorized not to retain the credit data transferred from a given information source in the register, if it finds that the information source of has not taken reasonable measures to ensure the accuracy and reliability of the credit data in accordance with the provisions of Subsection 16(f), or has not taken information security measures in accordance with the provisions of Section 57, or if other exceptional circumstances stipulated by the Supervisor occur. 19. A customer request to omit his credit data from the register (a) A customer is entitled to request from the Bank of Israel that credit data about him be omitted from the register (in this section an opt-out request). (b) If a customer has submitted an opt-out request, the Bank of Israel shall not retain credit data about him for delivery to the register after the date on which the request was submitted, and shall delete from the register the customer s identifying particulars included in the credit data about him in the register on the date the request was submitted, except for such identifying particulars included in the credit data delivered to a credit bureau according to Chapter G before that date, which shall be retained in the register solely for documentation purposes. Identifying particulars according to this subsection shall be deleted, so that it will no longer be possible to link the credit data from which the identifying particulars have been deleted to the customer. (c) If the customer withdraws the opt-out request from the Bank of Israel, the Bank of Israel shall retain the customer s credit data that is transferred to the register after the date on which the request was withdrawn. (d) If a credit bureau asks the Bank of Israel for credit data from the register about a specific customer, and there are no credit data about the customer in the register because the customer has submitted an opt-out request, the Bank of Israel shall notify the credit bureau of this, and the credit bureau shall inform the user of the credit data of it. (e) Notwithstanding the provisions of Subsections (a) and (b): (1) If an information source transfers to the register legally published credit data or other credit data, determined by the Minister with the Governor s consent, clearly showing that the customer was not making the payments he had undertaken (in this subsection nonpayment data), the customer shall not be permitted to submit an opt-out request until five years after the date on which said data were transferred (in this subsection the restriction period); 10

11 11 (2) If an information source transferred to the register data concerning non-payment after the customer submitted an opt-out request, the Bank of Israel retain store in the register all the credit data about the customer sent to the register from the date of their transfer onward, despite the request. At the end of the restriction period, the customer shall be entitled to resubmit an optout request. (f) If the provisions of Subsection (e) apply to a customer, the Bank of Israel shall inform the customer of this, and at the end of the restriction period shall notify the customer of his right to resubmit an opt-out request. (g) Customer requests under this section shall be submitted as stipulated by the Governor. 20. Period for keeping information in the register (a) The Bank of Israel shall retain the information that is in the register described in Section 14(a) for a period of 12 years from the date on which it was transferred to the register. Five years after said date, the information shall be stored for the remainder of the period solely for documentation purposes (in this section the documentation period) (b) During the 12-year period noted in subsection (a), a credit bureau, credit data user, or a paid authorized representative shall be permitted to obtain from the Bank of Israel the data retained in the register previously disclosed to them, as set forth in Chapter G, Sections B E, provided that these data are required for a legal proceeding, oversight, or supervision, or other needs stipulated by the Minister. Nothing in this subsection shall derogate from the customer s right to receive these data, as set forth in Article D of Chapter G. (c) At the end of the documentation period, the Bank of Israel shall delete from the register the customer s identifying particulars pertaining to the information for which the above-mentioned period has expired, so that it will no longer be possible to link this information to the customer. Chapter G: Access to Information in the Register and the Uses of the Information Article A: General Regulations 21. Disclosing information from the register No information from the register shall be disclosed, and no access to such information shall be provided, other than to the parties listed in this section, for the use listed in it, and in accordance with its provisions. 22. Designation of the use (a) A party that has obtained credit data contained in the register in accordance with the provisions of this chapter shall use them solely for the purpose for which they were requested. (b) Notwithstanding the provisions of Subsection (a), a credit bureau is also entitled to use credit data it has obtained for the purpose of preparing a credit report in order to provide services based on credit data.

12 Article B: Credit Report 23. A credit provider s request for a credit report from a credit bureau A credit provider is permitted to request from a credit bureau, a credit report on a customer containing credit data about that customer included in the register for the purpose of contracting a credit transaction with that customer, for the purpose of ensuring the fulfillment of the terms of a transaction, and for the purpose of determining the level of risk incurred from the aggregate credit granted its customers, or to some of them, provided that the conditions for transferring data for the purpose of a credit report, according to the meaning of these conditions in Section 26, are fulfilled. 24. A credit bureau s request for credit data from the register for the purpose of a credit report If a request for a credit report about a customer has been submitted to a credit bureau, as stipulated in Section 23, and the credit bureau believes that the conditions for transferring data for the purpose of a credit report, according to the meaning of these conditions in Section 26, are fulfilled, the credit bureau is entitled to request credit data included in the register about that customer from the Bank of Israel. 25. Disclosing credit data from the register for the purpose of a credit report If the Bank of Israel is convinced that the conditions for transferring data for the purpose of a credit report, according to the meaning of these conditions in Section 26, are fulfilled, it shall disclose to the credit bureau credit data included in the register about the customer, according to the credit bureau s request submitted in accordance with Section Conditions for transferring credit data for the purpose of a credit report (a) No credit data from the register about a customer under the provisions of this paragraph shall be transferred to a credit bureau, or from a credit bureau to a credit provider, unless all of the following conditions are fulfilled (in this paragraph the conditions for transferring data for the purpose of a credit report): (1) The credit provider needs the credit data for the purpose of contracting a credit transaction with that customer in order to ensure the fulfillment of the transaction terms, or in order to determine the level of risk incurred from the aggregate credit granted to all of its customers, or to some of them; (2) The credit provider is an information source transferring credit data to the register under Chapter F, or has undertaken to transfer, as ordered by the Supervisor, such credit data; (3) The credit provider is not a low-risk credit provider; for this matter, low-risk credit provider means a business providing credit as a result of the sale of an asset or providing a service for short periods, or for small sums, as ruled by the Minister; 12

13 (4) The customer has consented to the disclosure of the credit data about him that is in the register, to a credit bureau, for the purpose of preparing a credit report, and to the credit report being disclosed to the credit provider. Such consent by a customer shall be given only for a specific credit transaction, and shall be valid no later than the end of the expiry date for the credit transaction. (b) Notwithstanding the provisions of Subsection (a)(2), the Minister is authorized to rule, with the Governor s consent, that a credit provider of a type to be determined shall be entitled to request a credit report from the credit bureau, even though it does not transfer, or undertake to transfer, credit data to the register. (c) The Minister is authorized to issue regulations concerning the manner in which a customer grants consent, as stated in Subsection (a)(4), and concerning how the fulfillment of the conditions for transferring data for the purpose of a credit report is to be proven. 27. A customer request for non-disclosure of credit data about him in the register (a) A customer is entitled to request the non-disclosure of credit data about him that is included in the register for the purpose of preparing a credit report under the provisions of this section (in this subsection an opt-out request). The Minister is authorized to rule that an opt-out request may be submitted for certain credit providers, and is authorized to establish conditions for such a request. (b) If a customer has submitted an opt-out request, the Bank of Israel shall not disclose credit data in accordance with the request, as long as the customer has not retracted it by asking the Bank of Israel to disclose credit data about him, and even if the credit provider has obtained the customer s consent, as stated in Section 26(a)(4). (c) If a credit bureau has asked the Bank of Israel for credit data from the register about a specific customer, and the customer has submitted an opt-out request, the Bank of Israel shall notify the credit bureau of the request, and the credit bureau shall notify the credit provider of it. (d) Requests under this paragraph shall be submitted in a manner to be determined by the Governor. 28. Regulations governing disclosure of credit data from the register The Minister is authorized to issue regulations concerning the disclosure of credit data from the register for the purpose of a credit report under this section, and, among other things, is authorized to set conditions for such disclosure. 29. A credit provider refusing to contract a credit transaction or imposing stricter terms for it, due to a credit report (a) A credit provider who has received a credit report, and on the basis of the report has refused to contract a credit transaction, or has imposed stricter terms for a contracted credit transaction, shall immediately notify the customer of this, and shall disclose to him the credit report, the customer s credit rating (insofar as it has been given to him), and additional particulars as ordered by the Supervisor. 13

14 (b) The Minister is authorized to determine additional circumstances in which the provisions of Subsection (a) shall apply to a credit provider. 30. A credit report for a party that is not a credit provider The Minister is authorized, with the Governor s consent, if he finds it necessary to achieve the purposes of this law, to determine what entities that are not credit providers are permitted to receive a credit report from a credit bureau, under conditions determined by the Minister, provided that the customer has given his consent, as stated in Section 26(a)(4). If the Minister has so determined, the same provisions applying to a credit provider permitted to receive a credit report shall apply to the entities stipulated in the Minister s instructions, with the necessary changes and changes to be determined by the Minister. Article C: Creditworthiness Assessment 31. A credit provider s request for a creditworthiness assessment from the credit bureau A credit provider is entitled to ask a credit bureau for an assessment on the question of whether to provide credit to a customer, or an assessment of the level of risk incurred in providing such credit (in this section a creditworthiness assessment), provided that it informs the customer of its intention to obtain such an assessment, and that a request will be submitted to the Bank of Israel for the credit data about him included in the register for the purpose of obtaining the assessment. 32. A credit bureau s request for credit data from the register for the purpose of issuing a creditworthiness assessment If a request for a creditworthiness assessment about a customer has been submitted to a credit bureau, as set forth in Section 31, the credit bureau is entitled to ask the Bank of Israel for credit data about that customer included in the register for the purpose of providing the creditworthiness assessment. 33. Disclosing credit data from the register for the purpose of a creditworthiness assessment (a) If a request has been submitted under Section 32 by a credit bureau to the Bank of Israel for credit data from the register for the purpose of a creditworthiness assessment, and the Bank of Israel has found that the credit data about that customer included in the register clearly indicate that the customer is not making the payments that he has undertaken, the Bank of Israel shall disclose the credit data about the customer included in the register to the credit bureau. In this matter, the Minister shall determine, with the Governor s consent, circumstances that clearly indicate that the customer is not making the payments that he has undertaken. (b) If there are no credit data in the register clearly indicating that the customer is not making the payments he has undertaken, as set forth in Subsection (a), the Bank of Israel shall so notify the credit bureau, and the credit bureau shall inform the credit provider of this. Nothing in the provisions of this subsection shall derogate from the obligation to provide notice under Section 19(d). 34. Attaching published credit data to a creditworthiness assessment 14

15 15 Together with the creditworthiness assessment, a credit bureau is entitled to disclose to a credit provider credit data about the customer that have been published in compliance with the law. 35. Providing an assessment to a public infrastructure company in terms of using collection measures (a) If a customer is in payment arrears to a public infrastructure company for consumption of electricity or water, as determined by the Minister, the company is entitled to ask a credit bureau for an assessment of whether to use collection measures with respect to that customer, provided that it has notified the customer of its intention to obtain an assessment, and that for the purpose of obtaining the assessment, a request for credit data included in the register about the customer will be submitted to the Bank of Israel. (b) The provisions of this Article applying to a creditworthiness assessment shall apply to an assessment under Subsection (a), with the necessary changes. (c) The provisions of this Section shall not apply to a public infrastructure company that does not transfer credit data to the register on account of the provisions of Sections 16(c) or 17. Article D: Consolidated Data Report Requested by a Customer 36. Providing a consolidated data report to a customer (a) A customer is permitted to receive a report from the Bank of Israel containing all the information about him included in the register (in this section a consolidated data report) (b) A consolidated data report shall be delivered to the customer free of charge upon request, once a year. (c) The Bank of Israel is authorized to transmit to a customer, upon request, information about him included in the register in a framework other than a consolidated data report, or to deliver a consolidated data report to him more frequently than stipulated in Subsection (b) in exchange for payment to be determined by the Governor. 37. Obtaining a consolidated data report through a credit bureau A credit bureau is permitted, at the customer s request, to receive a consolidated data report about said customer from the Bank of Israel. Article E: Consolidated Data Report Requested by a Paid Authorized Representative 38. Providing a consolidated data report to a paid legal representative A paid authorized representative is not entitled to receive a consolidated data report from the Bank of Israel about the customer whom he represents, other than through a credit bureau, and in accordance with the provisions of this section. 39. A request by a paid authorized representative to a credit bureau for a consolidated data report from the register

16 If a paid authorized representative requests a consolidated data report about a customer from a credit bureau, the credit bureau is entitled to request such a consolidated data report from the Bank of Israel, provided that the credit bureau believes that the conditions concerning the legal representative determined by the Governor under Section 41 and the conditions ordered by the Supervisor for the purpose of obtaining the report from the register (in this subsection the conditions for transferring a consolidated data report) are fulfilled. 40. Delivering a consolidated data report to a paid authorized representative through a credit bureau If the Bank of Israel believes that the conditions for providing a consolidated data report to a paid authorized representative are fulfilled, it shall provide a consolidated data report about the customer to the credit bureau according to the credit bureau s request under Section 39. Delivery of the report shall be in accordance with the regulations issued by the Supervisor in this matter. 41. Conditions for transferring a consolidated data report The Governor is authorized, with the consent of the Minister, to set conditions that the legal representative must meet in order to obtain a consolidated data report about the customer, including the ways that the legal representative is entitled to use the credit data from the register and the period of time during which he may retain these data. Article F: Access to and Uses of Nonidentifying Information in the Register 42. Use of nonidentifying information by the Bank of Israel (a) The Bank of Israel is authorized to use nonidentifying information included in the register for the purpose of carrying out its functions under the Bank of Israel Law. (b) The Bank of Israel is authorized to transfer identifying information about customers that it possesses under its legal authority (in this subsection external information) to the register for the purpose of cross-checking it with identified information included in the register and producing nonidentifying information necessary for the purpose of carrying out its functions under the Bank of Israel Law, provided that the external information is deleted from the register immediately after the nonidentifying information is produced. The cross-checking of the information referred to in this subsection shall be performed so as to avoid the exposure of identified information within the Bank of Israel to the greatest degree possible. 43. Access by a credit bureau to nonidentifying information in the register (a) The Bank of Israel is authorized to provide a credit bureau with access to nonidentifying information included in the register for the purpose of developing a statistical model required by the bureau in order to provide credit data-based services. (b) A credit bureau shall not copy or store nonidentifying information to which it has access under Subsection (a). The Minister, with the Governor s consent, is 16

17 authorized to determine circumstances under which a credit bureau is entitled to copy and store some of this nonidentifying information, in a manner and under conditions to be determined, as may be required for the purpose of devising a statistical model referred to in Subsection 43(a). Article G: Various Regulations Concerning Disclosure and Use 44. Identifying information about information sources The Bank of Israel shall not include in the credit data from the register that it discloses to a credit bureau under this section, for the purposes of preparing a credit report or a creditworthiness assessment, identifying particulars about the information source, other than the information sources listed in Sections 16(a)(1) through 16(a)(5). The Minister is authorized to determine additional particulars that should not be included in the disclosed credit data. 45. The period for which credit data will be disclosed (a) At the request of a credit bureau submitted in accordance with the provisions of Sections (b) or (c), the Bank of Israel shall deliver to a credit bureau for the purpose of preparing a credit report or a creditworthiness assessment only credit data whose date of inclusion in the register was during the five years preceding the date on which the credit bureau submitted the request. (b) The Minister is authorized to determine shorter periods than the period in Subsection (a) for types of credit data to be determined. 46. Methods of transmitting the information possessed by the Bank of Israel The Supervisor is authorized to stipulate methods of transmitting the information included in the register by the Bank of Israel according to this section, subject to the regulations issued under Section 28, including ordering that the information be transmitted by providing access to the register in a manner and under conditions to be stipulated. 47. The period for retaining credit data by a credit bureau and an authorized representative (a) A credit bureau that has obtained credit data from the register according to this section shall keep them for the minimum period required for the purpose of providing a credit data service or a service based on credit data, but no longer than the period stipulated by the Minister. (b) The Minister is authorized to determine the maximum period for keeping credit data by a paid authorized representative. 48. Maximum price that a credit bureau is entitled to charge The Governor is authorized to determine the maximum sum to be charged by a credit bureau for delivering a credit report, creditworthiness assessment, and consolidated data report in accordance with the provision of this chapter. If the Governor has set such a sum, a credit bureau shall not charge a sum in excess of the maximum sum set. 49. Data that should not be taken into account in a credit rating 17

18 18 For the purpose of a customer s credit rating, a credit bureau shall not take into account data concerning the customer s gender, age, sexual orientation, race, religion, country of origin, nationality, or place of residence. 50. Retention of a credit report by a credit provider A credit provider is entitled to keep a credit report until the end of the period of the credit transaction with the customer with respect to whom the report was requested. If the report was requested for the purpose of a decision about contracting a credit transaction, and the transaction was not contracted, the credit provider shall delete the credit report within a period that does not exceed the period determined by the Minister. 51. Restriction on transferring credit data The Supervisor is authorized to prohibit or restrict disclosure of credit data included in the register to a credit bureau under this section, and to prohibit or restrict transferring credit data obtained by a credit bureau under this section to a user of credit data or to a paid authorized representative, if he believes that this is necessary for the purpose of complying with the purposes of this law, and under specific circumstances to be determined. Chapter H: Correction of Information Included in the Register 52. Correction of information by the information source If an information source discovers that credit data about a customer that it has transferred to the register are incomplete or inaccurate, or that a change has occurred in them for any reason whatsoever, the information source shall inform the Bank of Israel of this, and transfer the revised credit data to it, as instructed by the Supervisor. 53. Correction of information at a customer s request (a) A customer is entitled to ask the Bank of Israel to delete information included in the register, complete such information, or revise it, if he believes that the information about him is incorrect or incomplete. (b) If a customer has submitted a request under Subsection (a), and the Bank of Israel believes that an inquiry by the information source is necessary for the purpose of handling this request, a note shall be made in the register about that information to the effect that an inquiry is being conducted about it, and the information source shall be contacted in order to clarify the matter. (c) If the Bank of Israel contacts the information source, as stated in Subsection (b), the information source shall conduct an inquiry about the matter, and transfer the results of the inquiry to the Bank of Israel. If the inquiry shows that it is necessary to complete or correct the information, the revised information shall be sent as well, as soon as possible, and no later than the date ordered, and in the manner ordered, by the Supervisor. (d) If the information source has not transferred the inquiry results within the period stipulated by the Supervisor, the Supervisor shall instruct the Bank of Israel concerning the actions to be taken in the register with respect to the information.

19 54. Revision of the information in the register, and notification about the revision 19 (a) The Bank of Israel is authorized to revise the information contained in the register according to the revised information transferred, and according to an inquiry conducted under Sections 52 or 53, whichever is relevant. If the Bank of Israel finds that there is a dispute between the information source and the customer concerning credit data contained in the register, it is authorized to record a note on the matter in the register, or to delete the credit data item in dispute. (b) The Supervisor is authorized to issue directives concerning the transmission of information revised under Subsection (a) to a customer, the credit bureau, credit data users, and paid authorized representatives. Chapter I: Preservation of Confidentiality and Information Security 55. Preservation of confidentiality (a) A person who has obtained information about a customer under this law shall not disclose it to another party, and shall make no use of it, other than according to the provisions of this law, or according to a court order. (b) If a person has received nonidentifying information originating in the register, he shall take no action to trace the identity of the customer to whom the information refers. 56. Restrictions on transferring information to public agencies Notwithstanding the provisions of Article 4 of the Protection of Privacy Law, information shall not be transferred to or from the register other than in accordance with the provisions of this law. 57. Information security (a) The Bank of Israel shall collect the information submitted to the register, store it, and disclose it (1) In a manner that will ensure protection against leaks of information from the register, break-ins, and its transfer, exposure, deletion, use, alternation, or copying without legal permission; (2) In a manner that will prevent use of the information in contravention of the provisions of this law; (3) In a manner that will ensure that access to the information is in compliance with the provisions of this law, and will facilitate monitoring and supervision of how the register is used; (4) In a manner that will ensure than the nonidentifying information is stored and transmitted as such. (b) The Bank of Israel shall store the credit data in a database separately from any identifying particulars. It shall be made possible, however, to link the data to the identifying particulars for the purpose of revising the data in the register about a specific customer and disclosing them in accordance with the provisions of this law, and also for a different purpose, if directly required in order to operate the register,

20 as determined by the Governor, with the consent of the Minister of Justice. Linking the data under this subsection shall be conducted as ordered by the Supervisor. (c) The Governor, with the consent of the Minister, is authorized to issue directives required for the security of the information submitted to the register, contained in it, and disclosed from it, including directives in the following matters: (1) The manner of collection and recording the information by the source of the information, so as to ensure the reliability, precision, and security of the information; (2) The manner of transferring the information to the register, the method used to store it in the register, the manner of its use, and the information security methods used; (3) The manner of providing access to information contained in the register, including for those with authorized access to identifying or nonidentifying information, and the means of identification required from a credit bureau in order to use the technological system for the register, as set forth in Section 14(c), including conducting transactions with it, and regulations concerning the monitoring of this system. Chapter J: Operating a Business Information Services 58. Licensing a business information service (a) The Supervisor is authorized to grant a license for a business information service (in this section a license) to a party requesting one that fulfills all of the following conditions: (1) The party requesting a license is a company as defined in the Companies Law; (2) The party requesting a license has registered the database as a database under the Protection of Privacy Law; (3) The party requesting a license has provided a guarantee in accordance with the provisions of Section 8; (4) Neither the party requesting a license, a controlling shareholder in it, or an officeholder in it has been convicted of an offense whose substance, severity, or circumstances render him unfit to receive a license, and no indictment for such an offense in which a final judgment has not yet been made has been filed against any of these parties. (b) If the Supervisor has reasonable grounds for assuming that the party requesting the license will use the information obtained other than for the purposes of this law, or does not meet the requirements under the law, he is authorized to refrain from granting that party a license. (c) The Governor shall issue regulations concerning the manner of submitting a request for a license under this paragraph, the particulars to be included in it, and the documents to be attached to it. 20

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