New trends of personal data protection in credit
relations while transferring debt information to the third
parties.
Seeking protection of personal data was and remains one of the
most widespread arguments of the borrowers – individuals, who
consider the transfer of debt-related information to debt
collectors to be devoid of substance. The recent court practice
evidences that challenging the transfer of personal data transfer
to the third party by the borrowers may be successful even without
applying the Personal Data Protection Law. Furthermore, bank's
actions concerning such transfer of personal data may be qualified
as unfair business practice.
Specifically, at the end of July, this year the Court of Appeal
upheld the ruling of the first instance court and declared illegal
the transfer of personal data of the Borrower (defendant) to the
debt collector by the Bank (respondent). In particular, the Bank
transferred the data on address and debt of the Borrower.