Today we explain how individuals can attempt to rectify incorrect and/or misleading information about themselves that has been promogulated by these compliance databases and provide a framework through which individuals can re-assert control over their personal information.
The first stage in this process is to ascertain whether you have been listed on one or more of these compliance databases. This may arise via communication from an entity that relies on these databases, such as a bank informing you that you are unable to open an account with them, or from making direct enquiries with a particular database.
What information is being shared?
Once this is established, the next step is to understand what information, whether incorrect, misleading or inaccurate, is being circulated and shared through these databases. Depending on your individual circumstances, this may be relatively simple to deduce, though the particulars of this information may be difficult to determine.
Many of the organisations that operate these databases state that sharing data reports about a data subject with that data subject is prohibited under their terms of service. This raises a potential inherent contradiction – how can an individual correct information about themselves when they are unable to view a data subject report about them?
Having a firm grasp of the law and regulatory frameworks that govern this area is of particular importance here; Gherson have a wealth of experience in this field and can assist in this regard.
How can I amend information on these databases?
World Check and other compliance databases have internal mechanisms in place for individuals to attempt to update or correct the contents of data subject reports about them. The individual will need to have valid reasons for doing so and will need to produce documentary evidence in support their assertions.
Importantly, the legislation in this field does not automatically guarantee individuals the absolute right to have their personal data expunged or amended in accordance with their wishes. World Check and other databases will only accede to requests where they are compelled to do so; indeed, these databases make every effort to free themselves of any liability for publishing potentially false, inaccurate or misleading information by specifically informing subscribers of a number of caveats, which include emphasising the need for users to conduct their own independent checks to verify the credibility of information displayed in the report.
As such, it is advisable to consult experienced legal professionals to assist with navigating this complex legal and regulatory landscape.
More from Gherson on World Check
In our last blog on this subject, Gherson provided a basic overview of the main functions of compliance databases like World Check, used by a wide array of major institutions and smaller companies in the course of their day-to-day business functions.
How can Gherson help?
Charting a course through the legal and regulatory landscape that World Check and their competitors inhabit to ensure that your personal and professional interests are not prejudiced by the promulgation of inaccurate information is complex. Gherson has an understanding of the impact that the processing of this kind of personal data, whether “kompromat”, “fake news” or simply outdated information, can have on an individual’s reputation and business interests.
Moreover, Gherson has specialist knowledge and experience in challenging worldwide KYC firms who process incorrect and/or inaccurate information relating to individuals and has been successful in having such incorrect and/or inaccurate information amended, removed or rectified. If you require any advice on matters discussed in this blog, then Gherson would be more than happy to assist.
Please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021