HOW LONG CAN A PERSON'S DATA REMAIN ON A MOORING FILE?

26/03/2018

Sometimes customers ask us about the period in which the data of a debtor may be published in the delinquency file.

In the first place, it must be made clear that: the statute of limitations prescribed in our system for the "exercise of legal actions" in claiming unfulfilled obligations, and the time established in our laws is not the same for, in this case, the inclusion of a debtor in a "delinquency file."

Effectively, Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the protection of personal data, establishes in Article 38.1. b) the term of SIX YEARS to be able to include a debt in a delinquency file, counting from the moment of the expiration of this, a term that, moreover, is foreseen to the expiration mode, that is to say, that there is no way to interrupt it by more than make claims or actions of any kind.