LITHUANIA The importance of credit bureau and need of legal framework for it 1 Ranking of Lithuania in World Bank research 10 categories of the research 175 economies research Lithuania is generally very well ranked …. 16th place Different variables, different results Getting Credit … 33 out of 175 economies Source: World Bank and IFC – Doing Business, http://www.doingbusiness.org/ 2 Roles of credit bureaus in the National Economies • Decreases information asymmetries between borrowers and lenders. • Increase access to credit for a larger segment of the population. It supports idea of equal conditions for majority of the population. • Reduce the general over-indebtedness in the economy and support the idea of civil responsibility of the debtors. • Increases credit activity of the financial institutions and reduce the barriers of the small and medium business to get a loan. • Stimulate economic growth by increase of consumption and investments in the economy. • Press the financial insititutions to decrease the Interest Rates and propose more fair and better conditions on the market 3 Credit Information Coverage by Priv x Pub Bureaus Public Large Corporates Mid-size Companies Small Businesses Private Rating Agencies Public Registries 1 2 Commercial Credit Bureaus 3 Consumer Credit Bureaus Consumers 1 – Purpose of public registries is banking supervision, while private bureaus seek to help lenders make better credit decisions. However, there is a need for greater differentiation and development of relevant public registries and data sources, e.g. financial statements databases. 2 – The role of public registries vs. private bureaus: What role can national loans registries play and what other public registries or data sources can provide valuable input for private bureaus, e.g. ID data (lost/stolen, unique identifier, tax header information etc.) 3 – Link between consumer and commercial credit reporting very important, in particular for owners of small businesses and directors on SMEs: Closing the gap of information coverage and developing value-added services such as small business scores 4 Private credit bureaus growths 50 Eastern Europe Middle East Latin America Asia 45 40 35 30 25 20 15 10 Africa 5 OECD 2001 1998 1996 1993 1990 1987 1981 1977 1969 1963 1957 1927 0 5 Private credit bureaus are associated with lower financial constraints Estimates based on data on 5000 firms in 51 countries % of small firms reporting high financing constraints Probability of obtaining a bank loan for a small firm 49% Source: Love and Mylenko (2003) 27% Without credit bureau With credit bureau 40% 28% Without credit bureau With credit bureau 6 The most important qualities of credit bureaus 6 •Guarantee consumer’s right to inspect their data and amend it 5 •Contain data on all loans 4 •Contain five or more years of historical data preserved 3 •Contain data from financial institutions and others (retailers, utilities) 2 1 •Contain data on both individuals and firms •Contain both positive and negative information 7 Work which has to be done in Europe - IFC Legend: Market assessment Country Activity Outreach Advice on Regulatory Framework Diagnostic/Feasibility Study Status Armenia PCB established in 2005; competition from Central Bank Bulgaria PCB established in 2004; competition from Central Bank Croatia Bank-owned bureau established in 2005 Georgia Negative-only bureau in 2005. Regulatory issues to be addressed. Kazakhstan Kosovo Kyrgyz Rep. Lithuania Credit Bureau Law. Bank-owned, positive bureau established in 2005. Advice to WB and BPK on improvement of credit reporting infrastructure. Regulatory issues being addressed. Negative-only bureau in 2004. Upgrade to positive bureau required. Macedonia Advice to WB on improvement of existing credit reporting infrastructure. Poland Bank-owned bureau operative since 2001. Limited information sharing. Romania Bank-owned bureau established in 2004 following IFC Feasibility Study. Russia CB Law passed in 2005. PCBs being established. Serbia CB established by Banking Association. Slovakia Ukraine Private Credit Bureau established in 2004. Source: Love and Mylenko (2003) Bank-owned bureau being established. IFC assistance requested. 8 The best practice elements of the PDPA in EU • PDPA allowed creation of positive and negative credit bureaus in the individual countries • PDPA guarantee once a year the „cost based“ credit report for citizens and they can comply and ask for changes if something is wrong • PDPA guarantee that Financial Institutions use the credit reports data for credit risk and business risk prevention and debt collection. • PDPA guarantee that data stored in the bureau are not subject of sensitive personal data (health, religion, etc.) • PDPA creates the area of cross industrial data exchange for business risk prevention. • PDPA helps to minimize the miss interpretations on the market 9 Improtance of business pro-active legal framework • Personal Data Protection Act (PDPA) has to create the balanced framework for the rights of citizen (debtors) and rights of financial institutions (creditors). • Together with the cross-border exchange of employees and capital, the PDPA has to support the exchange of positive and negative data on debts. • The data processing should be organized on the basis of personal consent which is not call-able by data subject. • The credit bureau database processing company has to be covered by consent delivered to the financial institutions • The PDPA has to support the idea of storage and processing of data about debts with the historical outlook of 4 – 7 years after the termination of the contract. 10 Data items, which credit bureaus exchange • Personal ID – Personal ID is important to protect the miss-matching situation in the credit bureau database. • Contact adresses – The adresses of applicant, co-applicant, guarantor, employer, etc. • The type of the loan or service – The majority of data are on consumer loans, credit cards, mortgages,overdrafts, paid and unpaid bills, etc. • The payment history of the loan – The credit bureau usually stores detailed 1 year history of existing contracts and 4 – 7 history of terminated contracts • The type of guarantee – The type of guarantee is important to prevent the fraud and minimize the future potential difficulties 11 Data security and miss-use of the data • The credit bureau is build on trust, but the trust is not enough. • The credit bureau system has to be very secure and there has to be real possibility to control any access to the bureau. • The credit bureau has to be supervised either by financial institutions authority or by personal data protection authority. • The credit bureau company has to have a right to review and control the activity of individual user to prevent the miss-use of the data. • The users and data providers have to be able to confirm the existence of the consent of the customer. • The information system security audit is neccesary to repeat every 2 years. • The credit bureau has to be transparent and all major rules and guidelines should be open to public control. 12 Credit Bureau influence on Economy The PDPA enables creation of fully positive x negative credit bureau The credit bureau improves a lot the credit activity in the country The high credit activity can help a lot to increase overall consumption and investments in the country This could INCREASE GDP of the country for 1% – 2% 13 THANK YOU…. 14