Key Definitions
- Defines critical terms such as "Accessing Entity," "Basic Credit Data," "Borrower," "Credit Facility," "Credit Report," "Negative/Positive Credit Information," "Submitting Entity," and various government and private entities involved.
- Excludes confidential banking information from basic credit data without borrower waiver.
- Includes both natural and juridical persons, including LGUs and their affiliates, as borrowers.
Establishment and Operation of the Credit Information System
- Banks, quasi-banks, insurance companies, credit card firms, and other credit providers must regularly submit borrower credit data to the Corporation.
- The Corporation collects, consolidates, and updates credit data at intervals between 15 to 30 working days, at least quarterly.
- The system includes access to government data sources to verify borrower information.
- Borrowers must be notified of data submission and have the right to access and dispute their credit information.
- Negative credit information remains for up to three years unless corrected earlier.
- Special Accessing Entities are accredited private corporations providing credit reports and ratings, subject to strict confidentiality and consent requirements.
- Outsource Entities process credit data but cannot release it beyond the Corporation.
- Accessing Entities must maintain strict confidentiality of credit information.
Creation and Structure of the Credit Information Corporation
- The Corporation is established as the central registry for credit data, with authority to manage corporate affairs, contracts, and liabilities.
- Capital stock is Php 500 million, with 60% owned by the National Government and 40% by qualified private investors (banks, associations, consumers).
- Ownership caps and equity transfer rules are designed to ensure balanced private and public participation.
- The Board comprises 15 members appointed by the President, including government and industry representatives subject to a "fit and proper" rule.
- Directors must be Filipino citizens, at least 30, with integrity and competence in relevant fields.
- Officers and employees are appointed under civil service rules; compensation is exempt from the Salary Standardization Law.
- The Corporation must use advanced technology and implement borrower identification for accurate data handling.
- Exempt from customs duties and taxes for importing necessary equipment.
Confidentiality and Data Security
- Credit information handled by the Corporation and all related entities is confidential and used solely to assess borrower creditworthiness.
- Outsourcing entities are strictly prohibited from unauthorized data disclosure.
- Violations of confidentiality result in suspension, revocation of accreditation, and possible penalties.
- Credit reports are disclosed only to authorized entities and borrowers or by court order.
Borrower Rights and Dispute Resolution
- Borrowers have the right to know why credit applications are denied based on credit data.
- They may access their credit information promptly upon payment of reasonable fees.
- Borrowers can dispute incorrect, incomplete, or misleading credit information and the Corporation must resolve or delete faulty data within 5 working days.
- Denial of these rights without justification entitles borrowers to indemnity.
Educational Campaigns
- The Corporation must carry out continuous nationwide campaigns to educate consumers on the credit information system, their rights, and dispute procedures.
Rules, Regulations, and Enforcement
- The Securities and Exchange Commission (SEC), with government coordination, issues implementing rules to ensure balance between credit information reliability and consumer protection.
- Rules confine credit data to objective information excluding opinions.
- Set standards for the Corporation's establishment, accreditation of entities, administration of sanctions, and regulation of fees.
- Administrative fines can reach Php 30,000 per violation daily, and violations may lead to suspension or cancellation of access rights.
Oversight and Governance
- A Congressional Oversight Committee with members from both houses monitors implementation and reviews rules.
- The Committee becomes functus officio after approving regulations but may be reinstated for major revisions.
Indemnity Provision
- The Corporation and its officials are indemnified by data-submitting and accessing entities except in cases of willful violation, bad faith, malice, or gross negligence.
Penalties for Violations
- Willful violations of the Act or its rules are punishable by fines from Php 50,000 to Php 1,000,000, or imprisonment from 1 to 5 years, or both.
Protection of Bank Secrecy
- The Act upholds existing laws protecting the secrecy of bank deposits, client funds, and investments, ensuring no impairment of confidentiality.
Reporting and Lead Agency
- The SEC is the lead agency for implementation and enforcement, required to submit annual reports to Congress on the Act's status.
- SEC coordinates with relevant agencies for rule adoption and policy enforcement.
Legal Provisions
- Contains a separability clause ensuring validity of unaffected provisions if any part is invalidated.
- Repeals Presidential Decree No. 1941 and other inconsistent laws.
- The Act takes effect 15 days post-publication in official or widely-circulated newspapers.