Brian Hayes (Dublin South West, Fine Gael) | Oireachtas source

I move amendment No. 8:

In page 21, between lines 28 and 29, to insert the following:"(3) Regulations under subsection (1) may not prescribe a fee for access to information by an individual under section 15(5) if the access is pursuant to the first application made by the individual in any year.".

I believe I have better news for the Deputy in this case. Amendment 8 arises out of a discussion on Committee Stage when Deputy Doherty proposed a similar amendment. He is aware that the Minister for Finance, Deputy Noonan, already publicly outlined his support for the intention set out in that amendment. On Committee Stage, I committed to proposing an amendment to take on board the broad thrust of providing individuals with a free copy of the individual’s credit report. I recognise that it is necessary to ensure individuals recognise they are entitled to one free copy in a 12-month period. The Central Bank will carry out a public awareness campaign and will highlight this fact during it. The National Consumer Agency has indicted that it is keen to engage on this important consumer protection issue.

An obligation where the credit register authorities would be required to issue reports en masse, as proposed by Deputy Doherty, would be a serious concern for the Central Bank. This would place a significant operational burden on the register to issue records actively to all individuals. I would have concerns that if the Central Bank were obliged to issue records actively as suggested, there would be a greater risk that records containing personal and sensitive credit data might inadvertently be lost, intercepted or stolen. It is likely that many borrowers will have multiple addresses for legitimate reasons and it may not be clear to the Central Bank which is the most appropriate address to which such records should be sent. Interception of data of this nature is likely to increase greatly the risk of identity theft. The nature of transmission of any reports is uncertain, and both the Department and the Central Bank would be very concerned at such a requirement being put in place in advance of determining the most appropriate means of transmission from a security and data-protection perspective. A more appropriate mechanism to enable individuals to receive a copy free and securely is to require them to apply after they have confirmed the most appropriate and secure mechanism for transmission of their confidential report. This is the substance of amendment No. 8, which I encourage the Deputies to support.

As I have just brought forward an amendment to provide for free access on a 12-month basis, I do not propose to take on board amendment No. 9, in the name of Deputy Doherty. I recognise that it is necessary to ensure individuals recognise they are entitled to one free copy in a 12-month period. The Central Bank will carry out a public awareness campaign and will highlight this fact during that campaign.

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