Dominican Constitutional Court rejects challenge to debt record retention

The Constitutional Court of the Dominican Republic has declared an unconstitutionality action inadmissible regarding the retention period of canceled debt histories in the Superintendency of Banks' Risk Center.

The Dominican Association for Data Protection (ADPD) had challenged Article 56, literal a, of Law No. 183-02, arguing that the 10-year retention period for financial data was excessive and violated rights to privacy, data protection, and legal security. The ADPD noted that private credit information companies operate under a shorter 48-month limit.

However, the Court ruled the action inadmissible because the ADPD failed to demonstrate a direct link between its organizational purpose and the contested norm. The judges also noted that the association did not provide sufficient evidence or arguments to prove it held a subjective right affected by the law, thus failing to meet the requirements for active standing.