Finally, some databases obtained information from other public databases, cameras, pension entities, registers, etc. Add to this the fact that, on many occasions, this circuit complement certain personal data which, strictly speaking, should not be traded. The biggest problem is, beyond some considerations on own information management can be made and are not subject of this brief article in the publication/update or correction of the information. The circuit described, if same, it is not harmful and is designed precisely to the contrary. However, perhaps by intricacies resulting, perhaps by the actors involved, perhaps by errors, by endogenous or exogenous factors, for some people, physical or legal, ends up being harmful.
As an abstract example of the foregoing, and without exhausting all different situations and scenarios that occur as a result of this circuit, we can mention: persons who, being regular customers of different companies, end informed on the different databases as debtors. People who, having had financial or economic problems (especially as a result of the latest crisis which traverses our country) and cancelled obligations, remain as debtors in databases beyond the time limit established by law. Databases, private in general, tend to retain historical data, and were empowered to do so, for the term of 2 years. They were not until the sanction of the law 26343, which comes to modify the Act 25326 on this point. People whose qualification, mensura in numbers, is not in keeping with their actual financial situation. People who, as a result of a scam or identity theft (this usually begins with the loss or theft of documentation) end up being holders of a lousy credit rating by products that they never hired. I.e., third parties that with apocryphal documentation manage and obtain products or services on behalf of another person who, as of wait, suffered serious damage to their honor and/or heritage. In view of this, what sensitive information is and the personal and economic connotations that their handling generates, this matter has been object of normative regulation.
So much so that the theme was receptado by our national Constitution, Art. 43, in the 1994 reform, and specific regulations which, as law 25326, law on protection of personal data (Habeas Data), its regulatory decree 1558 / 2001 and the recent law 26343, regulate the matter. Furthermore, the subject has, especially in recent times, great jurisprudential development by our courts. Now well, with the recent enactment of law 26343, amendment of Act 25326, art.51, databases must delete all negative credit information from those who had incurred in mora between 1/12/2000 to 10/12/2003 and the entry into force of the Act, or within 180 days afterthey had regularized its debt. That is, all those people that they fit in This situation may require the Elimination of negative financial information. In attention to the different factual situations described, depending on the nature of the circumstances of each case and the existing regulatory framework, there are different ways of taking forward measures to solve these problems. Therefore, before making any claims, either an interpellation, an injunction or a demand for damages, will have to consider the particular situation of each case in the light of the regulations in force with a view to the utilization of resource efficient and more appropriate to the case in question or the solution. Finally, and regardless of the claims mentioned above, also will be the corresponding complaint in the enforcement authority.
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