Între memorie și uitare: limitele dreptului la ștergerea datelor negative din bazele de tip „birou de credit”. Repere din modelul german și necesitatea reformei în dreptul românesc
Between memory and oblivion: the limits of the right to erasure of negative data from Credit Bureau-type databases. Insights from the German model and the need for reform in Romanian law

Summary/Abstract: The following paper examines the effectiveness of the right to erasure of personal data, as enshrined in Article 17 of Regulation (EU) No 2016/679 (GDPR), in the context of processing operations carried out within credit reporting systems used to assess consumers’ financial creditworthiness. The subject is approached from a comparative perspective, by reference to the Romanian model of Biroul de Credit S.A. and the German model represented by Schufa Holding AG. The research proceeds from the hypothesis that, in the field of credit scoring, the right to the erasure of negative data remains of limited effectiveness due to the structural tension between the economic logic of credit risk prevention and the requirements of personal data protection.The goals of this study are to identify the applicable legal framework, to assess the concrete limits of the exercise of the right to erasure in relation to negative data contained in credit bureau-type databases, and to highlight the differences between the Romanian and the German models. At the same time, the research incorporates both a comparative and a practical dimension, grounded in the observation of difficulties encountered in litigations concerning the erasure of negative data from the Romanian Credit Bureau.The findings indicate that, although both Romania and Germany fall within the general framework of the GDPR, the German model provides clearer legal safeguards, particularly through the express regulation of credit scoring and through a more rigorous administrative and judicial approach. By contrast, in Romanian law, the lack of detailed sector-specific rules, the reactive nature of the supervisory authority’s intervention, and the inconsistency of judicial practice reduce the predictability and effectiveness of the protection afforded to data subjects. The study highlights both theoretical implications, concerning the relationship between legitimate interest and fundamental rights, and practical implications, supporting the need for legislative and administrative measures aimed at reducing the retention period for negative data, clarifying the criteria for erasure, and strengthening the role of the national supervisory authority.

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