Inspection of data system
(1) The Registrar may carry out an inspection of any data system used by credit reporting agencies for the purpose of ascertaining information to assist the Registrar in making recommendations to the relevant credit reporting agency relating to the promotion of compliance with the provisions of this Act by the relevant credit reporting agency.
(2) For the purposes of this section—
“credit reporting agency” includes a credit information processor;
“data system” means any system, whether automated or otherwise, which is used, whether in whole or in part, by a credit reporting agency for the processing of credit information, and includes any document and equipment forming part of the system.
Relevant credit reporting agency to be informed of result of inspection
Where the Registrar has completed an inspection of a data system, he shall in such manner and at such time as he thinks fit inform the relevant credit reporting agency of—
(a) the results of the inspection;
(b) any recommendations arising from the inspection that the Registrar thinks fit to make relating to the promotion of
compliance with the provisions of this Act by the relevant credit reporting agency; and
(c) such other comments arising from the inspection as he thinks fit.
Reports by Registrar
(1) The Registrar may, after completing the inspection of any data system used by a credit reporting agency, publish a report—
(a) setting out any recommendations arising from the inspection that the Registrar thinks fit to make relating to the promotion of compliance with the provisions of this Act by the relevant credit reporting agency; and
(b) in such manner as he thinks fit.
(2) A report published under subsection (1) shall be so framed as to prevent the identity of any individual being ascertained from it.
Complaint
Any person or relevant person may make a complaint in writing to the Registrar about an act, practice or request—
(a) specified in the complaint;
(b) that has been done or engaged in, or is being done or engaged in, by the relevant credit reporting agency specified in the complaint;
(c) that relates to credit information of which the person is the customer; and
(d) that may be a contravention of the provisions of this Act, including any codes of practice.
Investigation by Registrar
(1) Where the Registrar receives a complaint under section 35, the Registrar shall, subject to section 37, carry out an investigation in relation to the relevant credit reporting agency to ascertain whether the act, practice or request specified in the complaint contravenes the provisions of this Act.
(2) Where the Registrar has reasonable grounds to believe that an act, practice or request has been done or engaged in, or is being done or engaged in, by the relevant credit reporting agency that relates to credit information and such act, practice or request may be a contravention of the provisions of this Act, the Registrar may carry out an investigation in relation to the relevant credit reporting agency to ascertain whether the act, practice or request contravenes the provisions of this Act.
(3) The provisions of Part VII shall apply in respect of investigations carried out by the Registrar under this Part.
Restriction on investigation initiated by complaint
(1) The Registrar may refuse to carry out or continue an investigation initiated by a complaint if he is of the opinion that, having regard to all the circumstances of the case—
(a) the complaint, or a complaint of a substantially similar nature, has previously initiated an investigation as a result of which the Registrar was of the opinion that there has been no contravention of the provisions of this Act;
(b) the act, practice or request specified in the complaint is trivial;
(c) the complaint is frivolous, vexatious or is not made in good faith; or
(d) any investigation or further investigation is for any other reason unnecessary.
(2) Notwithstanding the generality of the powers conferred on the Registrar by this Act, the Registrar may refuse to carry out or continue an investigation initiated by a complaint—
(a) if—
(i) the complainant; or
(ii) in the case where the complainant is a relevant person in relation to a customer, the customer or relevant person, as the case may be,
has had actual knowledge of the act, practice or request specified in the complaint for more than two years immediately preceding the date on which the Registrar received the complaint, unless the Registrar is satisfied that in all the circumstances of the case it is proper to carry out or continue the investigation;
(b) if the complaint is made anonymously;
(c) if the complainant cannot be identified or traced;
(d) if the Registrar is satisfied that the relevant credit reporting agency has not been a credit reporting agency for a period of not less than two years immediately preceding the date on which the Registrar received the complaint; or
(e) in any other circumstances as he thinks fit.
(3) Where the Registrar refuses under this section to carry out or continue an investigation initiated by a complaint, he shall, as soon as practicable but in any case not later than thirty days after the date of receipt of the complaint, by notice in writing served on the complainant inform the complainant of the refusal and of the reasons for the refusal.
(4) An appeal may be made to the Minister against any refusal specified in the notice under subsection (3) by the complainant on whom the notice was served or if the complainant is a relevant person, by the customer in respect of whom the complainant is the relevant person.
Registrar may carry out or continue investigation initiated by complaint notwithstanding withdrawal of complaint
Where the Registrar is of the opinion that it is in the public interest so to do, he may carry out or continue an investigation initiated by a complaint notwithstanding that the complainant has withdrawn the complaint and, in any such case, the provisions of this Act shall apply to the complaint and the complainant as if the complaint had not been withdrawn.
Enforcement notice
(1) Where, following the completion of an investigation about an act, practice or request specified in the complaint, the Registrar is of the opinion that the relevant credit reporting agency—
(a) is contravening a provision of this Act; or
(b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated,
then the Registrar may serve on the relevant credit reporting agency an enforcement notice—
(A) stating that he is of that opinion;
(B) specifying the provision of this Act on which he has based that opinion and the reasons why he is of that opinion;
(C) directing the relevant credit reporting agency to take such steps as are specified in the enforcement notice to remedy the contravention or, as the case may be, the matters occasioning it within such period as is specified in the enforcement notice; and
(D) directing, where necessary, the relevant credit reporting agency to cease processing the credit information pending the remedy of the contravention by the relevant credit reporting agency.
(2) In deciding whether to serve an enforcement notice, the Registrar shall consider whether the contravention or the matter to which the enforcement notice relates has caused or is likely to cause damage or distress to the customer of the credit information to which the contravention or matter relates.
(3) The steps as specified in the enforcement notice to remedy the contravention or matter to which the enforcement notice relates may be framed—
(a) to any extent by reference to any code of practice issued under section 75; or
(b) so as to afford the relevant credit reporting agency a choice between different ways of remedying the contravention or matter.
(4) The period specified in an enforcement notice under subsection (1) for taking the steps specified in it shall not expire before the end of the period specified in subsection 59(2) within which an appeal against the enforcement notice may be made and, if such an appeal is made, those steps need not be taken pending the determination or withdrawal of the appeal.
(5) Notwithstanding subsection (4), if the Registrar is of the opinion that by reason of special circumstances the steps specified in the enforcement notice should be taken as a matter of urgency—
(a) he may include a statement to that effect in the enforcement notice together with the reasons why he is of that opinion; and
(b) where such a statement is so included, subsection (4) shall not apply but the enforcement notice shall not require those steps to be taken before the end of the period of seven days from the date on which the enforcement notice was served.
(6) An appeal may be made to the Minister against an enforcement notice by the relevant credit reporting agency in accordance with section 59.
(7) Where the Registrar—
(a) forms an opinion referred to in subsection (1) in respect of the relevant credit reporting agency at any time before the completion of an investigation; and
(b) is also of the opinion that, by reason of special circumstances, an enforcement notice should be served on the relevant credit reporting agency as a matter of urgency,
he may so serve the enforcement notice notwithstanding that the investigation has not been completed and, in any such case—
(A) the Registrar shall, without prejudice to any other matters to be included in the enforcement notice, specify in the enforcement notice the reasons as to why he is of the opinion referred to in paragraph (b); and
(B) the other provisions of this Act, including this section, shall be construed accordingly.
(8) A person who fails to comply with an enforcement notice commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Variation or cancellation of enforcement notice
The Registrar may, on his own initiative or on the application of a relevant credit reporting agency, vary or cancel an enforcement notice served under subsection 39(1) by notice in writing to the relevant credit reporting agency if the Registrar is satisfied with the action taken by the relevant credit reporting agency to remedy the contravention.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
