Data protection in the debt management market

Data protection issues in debt recovery were the subject of a meeting between representatives of the Personal Data Protection Office, headed by President of the Personal Data Protection Office Mirosław Wróblewski, and Marcin Czugan, President of the  Association of Financial Companies (ZPF) in Poland, and representatives of ZPF members.

Personal data security in the credit management market was discussed.  The Association of Financial Companies in Poland (ZPF) is an organisation that currently brings together 108 companies in the financial market, including those representing the banking sector, lending institutions, debt management, financial intermediation, business information agencies, companies offering reverse mortgage products in a sales model, crowdfunding platforms, fintech and legal advice. The Association of Financial Companies in Poland shared analytical studies on the market with the Personal Data Protection Office.

The participants of the meeting drew attention to the problems arising in the recovery of time-barred debts, as well as the processing of debtors' personal data after the completion of debt recovery activities. They also discussed data protection in the processing of heirs‘ data and updating debtors’ personal data.

These problems arise in complaints to the President of the Personal Data Protection Office and in proceedings before the Personal Data Protection Office. Resolving some of them would require legislative changes to market regulation.

The President of the Personal Data Protection Office, Miroslaw Wróblewski, also took up the subject of unfair practices, consisting of sticking on the doors of flats, payment notices containing personal data, in a conversation with Marcin Czugan, President of the Association of Financial Companies in Poland. The procedure of one company leads to the disclosure of personal data and can cause stigmatisation. Both institutions are determining what this company is and will take steps against it in accordance with their competences and powers.