Dáil Éireann Debate, Tuesday - 14 June 2016
111. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 138 and 140 of 2 June 2016, if a borrower is entitled to a copy of the original loan documentation and the full loan file in the case of personal borrowings and commercial loans under data protection law; and if she will make a statement on the matter. [15540/16]
View answerThe position is that statutory responsibility for the interpretation and application of data protection law in this jurisdiction is vested in the Data Protection Commissioner under the Data Protection Acts 1988 and 2003. The Commissioner enjoys statutory independence in the performance of her tasks and exercise of her powers under this legislation and it would not be appropriate for me to intervene in relation to such matters in my capacity as Minister for Justice and Equality.
Having said that and in order to be of assistance to the Deputy, I should add that sections 30 and 43 of the Consumer Credit Act 1995 specify the documentation which must be given to a consumer where a credit agreement is entered into (section 30) or where a consumer makes a written request for a copy of the credit agreement or a statement of the monies paid under that agreement (section 43). In addition, section 130 of the Consumer Credit Act 1995 provides that, in respect of housing loans, a mortgage provider is required to issue to the borrower, at the time the loan is made or as soon as practicable after that date, a copy of the mortgage deed. The section also provides that, on a yearly basis, the mortgage provider must issue to the borrower a statement of the total amount outstanding on the loan.
