Post by account_disabled on Jan 25, 2024 9:56:43 GMT
There is no requirement to obtain the consumer's authorization to use the probability criteria. However, it should be noted that there are certain limitations to the scoring method. The STJ understood that when assessing credit risk, the limits established by the consumer protection system must be respected in order to protect privacy and maximum transparency in business relationships, as provided for by the CDC and Law 12,414/2011. In addition to preserving the privacy of information, if the consumer requests clarification on the criteria used, as well as on the information that the institution took into consideration, the institution cannot refuse to provide information.
However, as Márcio Cavalcanti rightly Buy Phone Number List highlighted, when he commented on summary 550, on his website, “On the other hand, neither the consumer nor anyone else will have the right to know the calculation methodology, that is, what the mathematical formula and data were. statistics used in “credit scoring”. This is because this formula is the result of studies and investments, constituting a secret of business activity. The basis for the formula's secrecy comes from the right to business secrecy, provided for in the final part of art. 5th, IV, of law 12,414/2011. When using the credit score criterion, there is also a time limit, that is, for the legal entity that analyzes the applicant's credit request, it has the possibility of using the information obtained for a period of 5 years for the negative records, and also 15 years for the credit performance history, as provided in article 14 of the aforementioned law.
It is also important to highlight that the consumer does not need to authorize the use of this scoring system to seek credit from authorized institutions, however, once the criterion is used, the consumer has access to the information that was used, such as economic data, history purchasing, personal values, among others. Minister Paulo de Tarso Sanseverino stated that the disrespectful conduct of the institution that analyzes credit, to the detriment of the consumer, constitutes an abuse of rights [art. 187, CC], giving rise to objective and joint responsibility with the consultant, that is, a natural or legal person who accesses information in databases for any purpose permitted by the Positive Registration Law.
However, as Márcio Cavalcanti rightly Buy Phone Number List highlighted, when he commented on summary 550, on his website, “On the other hand, neither the consumer nor anyone else will have the right to know the calculation methodology, that is, what the mathematical formula and data were. statistics used in “credit scoring”. This is because this formula is the result of studies and investments, constituting a secret of business activity. The basis for the formula's secrecy comes from the right to business secrecy, provided for in the final part of art. 5th, IV, of law 12,414/2011. When using the credit score criterion, there is also a time limit, that is, for the legal entity that analyzes the applicant's credit request, it has the possibility of using the information obtained for a period of 5 years for the negative records, and also 15 years for the credit performance history, as provided in article 14 of the aforementioned law.
It is also important to highlight that the consumer does not need to authorize the use of this scoring system to seek credit from authorized institutions, however, once the criterion is used, the consumer has access to the information that was used, such as economic data, history purchasing, personal values, among others. Minister Paulo de Tarso Sanseverino stated that the disrespectful conduct of the institution that analyzes credit, to the detriment of the consumer, constitutes an abuse of rights [art. 187, CC], giving rise to objective and joint responsibility with the consultant, that is, a natural or legal person who accesses information in databases for any purpose permitted by the Positive Registration Law.