Creditors and debt collectors must ensure that information about debts does not fall into the hands of outsiders, and when attempting to contact a debtor, channels such as the workplace, social media, or relatives of the debtor should not be used, explains the Data State Inspectorate (DVI).
The agency received reports of cases where a creditor or a debt collection company directly or indirectly disclosed information about a person's debt obligations, for example, to their employer or family members.
The DVI emphasizes that the creditor or collector is obliged to ensure the confidentiality of personal data and to prevent unjustified disclosure of information to third parties. They must also ensure that information about the debt is sent only when necessary and in accordance with legal requirements.
For example, maintaining confidentiality does not mean that a creditor can send an envelope with large lettering "Debt Collection for Janis Berzins" to the debtor's workplace, hoping that half the office will not read it on the way, the inspection notes.
As explained by the DVI, the creditor or collector contacts the debtor using the contact details specified in the contract. If this method fails, the use of other communication channels is permitted.
At the same time, the inspection emphasizes that the creditor and collector do not have the right to disclose information about the debtor to third parties without the debtor's consent. As data operators, they are obliged to ensure the confidentiality of personal data and to take appropriate technical and organizational measures to prevent unauthorized disclosure of information. Therefore, a creditor is entitled to send a notification to a person's workplace only in compliance with legal requirements.
On the other hand, the employer has no legal grounds to carry out additional processing of personal data by passing such correspondence to the employee unless it is provided for by the internal regulations of the institution. If it is impossible to deliver such correspondence to the addressee according to established rules, it should be returned to the sender or the sender should be notified that the letter was received in error and will be destroyed. The employer has no grounds to keep such correspondence in their documentation or other documents, the inspection emphasizes.
The DVI also clarifies that without a person's consent, information about their alleged debt cannot be communicated to family members, relatives, or other individuals unless there is a legal basis for doing so. Such a basis may exist if the relevant person is a co-borrower, guarantor, or another person entitled to receive such information under the law.
The inspection emphasizes that creditors and collectors must ensure that information about the debt does not become known to outsiders. A person should not learn about their possible debt from colleagues, relatives, or other people due to improper communication. If the debtor is unavailable, other contact information should be obtained legally through official institutions, and the workplace, social media, or close relatives of the debtor should not be used for communication.
The DVI also notes that questions about the existence of a debt, its amount, the validity of the contract, or the fulfillment of obligations fall within the realm of civil law disputes and are not within the competence of the inspection.
