6
(2)
the purposes of direct marketing, distance selling, other direct advertising, opinion polling and
market research or for other comparable personalised mailing, if:
(1) the personal data file is used in a predetermined and short-term marketing campaign or
other measure referred to in this paragraph and its contents do not compromise the
protection of the privacy of the data subject; or
(2) the personal data file contains data solely on the name, title or occupation, age, sex and
native language of the data subject as well as one distinguishing datum and the data
subject’s contact information;
(3) the file contains data pertaining to the duties or status of the data subject in business or
public life, and it is used for the mailing of information relevant to the same.
For a purpose referred to in paragraph (1), data referred in paragraph (1)(2) may be disclosed
or used as sample criteria in a disclosure, unless the data subject has prohibited disclosure and
if it is evident that the data subject is aware of such disclosure.
Section 20 — Processing of personal credit data
(1) A person engaged in credit data activity may record into a credit data file the name and
contact information on a person, as well as data on a default in payment or performance,
where:
(1) the default has been established by a judgment or judgment by default handed down by a
court and no longer subject to appeal, by a measure undertaken by the enforcement
authorities or by the protest of a registered bill of exchange; or the default has led to the
official declaration of the insolvency of the data subject in enforcement proceedings;
(2) the default has led to the filing of a bankruptcy petition;
(3) the default has been acknowledged in writing by the data subject to the creditor; or
(4) the default relates to a hire-purchase scheme and under the Hire-Purchase Act
(91/1966) entitles the seller to repossess the object, or relates to another consumer credit
agreement and under the Consumer Protection Act (38/1978) entitles the creditor to
terminate the agreement.
(2) The data referred to above in paragraph (1)(4) may be recorded only if there is a clause in the
consumer credit agreement stating the situations in which the default in payment or
performance can be recorded into the credit data file. Further prerequisites are that the
creditor has at least 21 days earlier sent the debtor a written reminder which mentions the
possibility of recording default data into the credit data file and that the debtor has been in
default for at least 60 days from the original due date, mentioned in the reminder.
(3) In addition, data may be recorded in a credit data file on the entries contained in the debt
adjustment register referred to in section 87 of the Act on the Adjustment of the Debts of a
Private Individual (57/1993), on the placement of a person under guardianship and on the
appointment of a trustee to administer the financial affairs of a person, and, on the request of
the data subject, on the payment of the debt referred to in paragraph (1) and on a credit
stoppage, where supplied by the data subject himself/herself.
(4) Personal credit data may be disclosed only to a controller engaged in credit data activity and to
a person needing the data for purposes of granting credit or credit monitoring, or for another
comparable purpose.
Section 21 — Erasure of data in a credit data file
The data referred to in section 20(1)(1)—(4) shall be erased from the credit data register as
follows:
(1) the data referred to in subparagraph (1) after the lapse of four years from the
establishment of the default;
(2) the data referred to in subparagraph (2) after the lapse of five years from the filing of
the bankruptcy application;
(3) the data referred to in subparagraph (3) at the latest after the lapse of two years from
the acknowledgement of the default; and
(4) the data referred to in subparagraph (4) at the latest after the lapse of two years from
the recording of the entry on default.