The debtor's personal data - can it be disclosed on the debt exchange?


The legal grounds for the legality of the dissemination of the debtor's personal data on the debt exchange can be found in the Civil Code, in the provisions on sales contracts. In accordance with the general provisions of the code, a declaration of will, which is an offer to sell receivables, should be specified each time.

Personal data of the debtor on the debt exchange

Public disclosure of information such as personal data of the debtor, which takes place on the debt exchange, is a very common practice used by debt collection companies. Despite many controversial opinions as to the righteousness of such behavior, it should be stated that this is a lawful action, which is confirmed by numerous court judgments (e.g. the judgment of the Supreme Administrative Court of 6 June 2005 (file reference number I OPS 2/2005) , in which the court stated that the debtor's personal data may be transferred to debt collection companies without their consent, but the protection of their rights, civil liberties and their privacy must be balanced against the interests of creditors), and the Chief Personal Data Inspector ("The knowledge of who the claim is against is necessary for a rational decision to purchase the claim. Therefore, each debtor must take into account that, in delaying the performance of an obligation, his right to privacy may be limited due to the claim by the creditor of the amounts due.Of course, it should be borne in mind that this is a type of personal data processing, so by definition it requires the creditor to provide legal grounds for such action. In accordance with the Personal Data Protection Act, the creditor may only publish the name and surname in the form of an offer of the debtor, place of residence (without a specific address) and the amount of debt As can be seen, the scope of information disclosed to the public is limited.

The debtor's personal data - the advantages of disclosing them

Undoubtedly, every debtor is aware of the fact that information about his debt will be available on the Internet after entering his name. Such action may have a mobilizing effect on the debtor who, fearing embarrassment or future inconveniences resulting from this state, or impeding business activity, decides to pay off the arrears out of concern for his opinion. Also in a situation where we are dealing with several debtors who hide their assets, the impact on their future reputation may turn out to be a good solution.