On November 25, 2023, Law N° 31944 was published, which amends Law N° 27489 on private credit bureaus (CEPIR). As it is recalled, the purpose of the Law on CEPIR is to regulate the provision of risk information in the market, guaranteeing respect for the rights of the holders of such information.
In this sense, Law N° 31944 establishes that the State institutions or private or public companies that call for job positions that wish to review the credit report of their candidates must obtain, under penalty, the written permission of the applicant in which he/she unquestionably expresses his/her consent.
Such consent must be obtained in accordance with the legislation on personal data protection.
On the other hand, the definition of credit report is also modified to establish that such reports may not contain value judgments, opinions or opinions of a subjective nature referring to the natural person or legal entity. Such credit report may not be a cause for exclusion or disqualification of the applicant at any stage of the bidding process, for constituting a discriminatory act.
Law N° 31944 became effective on November 26, 2023, the day after its publication.
For further information, please contact Francisco Baldeón (fbaldeon@estudiorodrigo.com) and/or José Govea (jgovea@estudiorodrigo.com).
