Do you want to process an amparo against him? credit bureau? It is possible to do so if you were denied access to your personal data or if you are a person affected by the data breach of Credit bureau. Here I bring you the route followed by the lawyer Arturo Baruc Corona Cardona, the only citizen who has obtained an injunction from the Supreme Court of Mexico against a credit rating agency.
First, some context. Credit bureau suffered a leak of personal and financial data of the debtors of the financial system. He was not hacked, the Credit Bureau admitted. It was a home robbery from a 2016 database. The information ended up for sale on social networks.
Buró de Crédito manages names, fiscal identifiers (RFC), addresses, telephone numbers, place of work, credit card numbers and credit information of those who have contracted financing for any purchase, housing and automobiles included.
Buró de Crédito is not governed by the data protection laws monitored by the HennaMexico’s privacy agency, so it is not responsible for even the basics: applying ARCO rights (the acronym for access, rectification, cancellation and opposition to the processing of personal data).
A Credit bureau supervised by the CNBVthe authority of the financial system, but we know that the CNBV will do very little —or nothing— to protect citizens under the presidency of compadre Jesús de la Fuente Rodríguez.
Not everything is lost. Affected people can take legal action to protect their moral and economic heritage.
One route is to replicate the experience of lawyer Arturo Corona, who managed to subdue a credit rating agency and obtained a declaration from the Supreme Court on the unconstitutionality that means that credit bureaus are outside the data law.
I asked Corona, director of legal operations at the Guadalajara law firm Advacoo Consulting, to share details of the formula.
There are two ways to apply the route, both with the same objective: to reach the Court and set new precedents. The route is full of obstacles, but it is the sum of those obstacles that indicates that you are moving in the right direction.
The first thing Corona did was request the exercise of ARCO rights from a credit information society. Society never responded to him.
With that lack of response, Corona went to the Henna and requested the protection of their rights (PPD), a procedure applied by the Inai as if it were a public defender.
The INAI said it was incompetent, with good reason: the bureaus are not among the organizations supervised by the INAI. (Parenthesis: there are those who say, including Corona, that the Henna should interpret the law and promote an action of unconstitutionality, but it will not be the case: the Inai will miss a golden opportunity to raise the flag of the protection of personal data).
With Inai’s refusal, Corona filed an indirect amparo trial before a federal court that denied it, arguing that credit agencies are governed by lfaeyes different from those for the protection of personal data and for which reason the trial was inadmissible.
Corona filed a complaint in a Collegiate Court to force the judge to pass sentence. The judge handed down a sentence against Corona.
Corona then processed an appeal for review before the Court, which, due to the importance of the matter, referred it to the Supreme Court.
The matter fell into the hands of Minister Pérez Dayán, who understood the gravity, considered the exclusion of bureaus from the privacy regime unconstitutional and ruled in favor of Corona, setting a precedent.
The people affected by the theft of personal data to Credit bureau You can also follow that route. The only change is to report to the Inai instead of requesting the protection of rights (PPD). They will gain nothing, except the satisfaction of having defeated the bureau and contributing to the forced reform of the law so that the bureaus are monitored and sanctioned by the Inai.
I know: it sounds scary. This is how the system is designed: it requires lawyers and offers no incentives to act against those who violate our privacy or—as is the case—violate our bank secrecy. But that’s what there is.
Are you on the list of people affected by the leak of personal and financial data that occurred at the Credit Bureau? Check if your data was stolen in this link: https://wbc4.burodecredito.com.mx:9443/AutenticadorPrev/datosPersonales.faces
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