Chairman ozpp commented on the FSSP permission to publish photos of debtors without their consent
6 Aug 2012, 21:50
Text: Roman Kretsul
“There were some complaints that the collectors are working closely with police officers, which is surprising. Officers “merge” information to obtain any benefit”, – told the newspaper VIEW Chairman of the Society for the protection of the rights of consumers Mikhail Anshakov. In the resolution of the bailiffs to publish the biometric data of the debtors, he sees the violation of the rights of citizens.
Federal bailiff service has received new features: the new bill will allow the Department to publish and circulate personal data and photographs of debtors without their consent. The decision was made in response to the appeal of the Director of the Federal bailiff service Arthur Parfenchikov.
“The processing and distribution of biometric personal data without the person’s consent may be carried out, in particular, in connection with the administration of justice and execution of judicial acts. The last and entrusted to the Federal service of bailiffs”, – said the press service of the Moscow Department of the Federal bailiff service.
“It’s including a photograph of the citizen,” – said the Agency.
OPINION: Michael G. whether, in your opinion, a legitimate exemption?
OPINION: what does this mean?
M. A.: the disclosure of personal data. We have to infringe upon or restrict human rights only the court can. But if the court handed down this decision – and he is not able, because the law does not allow him, then, in my opinion, quite clear: rights will be violated. I see the first signs of the violation of human rights on privacy and personal data. People are put at a disadvantage. And, adjusted for our Russian conditions, there are plenty of opportunities for abuse.
LOOK: for Example?
M. A.: we like Mitinskaya, you can easily purchase a database of the traffic police, tax, Ministry of interior, all Federal agencies. Accordingly, no mechanisms to protect these personal data should not exist. And these data are often used for criminal purposes: for blackmail, collecting information for criminal attacks, it is used by raiders and other.
OPINION: you often receive complaints about the actions of bailiffs?
M. A.: Many complaints about bailiffs, collectors, banks. Treatment related to the fact that banks in droves disclose the personal data of borrowers. Usually the practice is when the Bank, collecting at the stage of lending all necessary information about the borrower, including the one that he gave of his own accord, which actually creates him a dossier, which provides information about his marital status, personal life, work, friends, acquaintances, etc. Then these data are transmitted to a kind of semi-criminal structures that call themselves debt collection agencies, although we have no law on debt collection activities. And these firms sometimes do not disdain criminal methods from threats of blackmail, not only in relation to the debtor, but to his acquaintances, relatives, friends, to spread about him compromising, and sometimes slanderous information with the aim of putting pressure on him. All these actions very often are beyond the law and punishable, but in practice it is difficult to prove, and the police are not ready to investigate such cases, and almost never takes statements from victims.
The marshals are more complaints about the inactivity though, I remember there were also some cases that are related to the fact that the collectors work in close conjunction with police, which is also surprising. They may just be of interest to police officers, when they can not perform independently their actions, and officers “merge” information to obtain any benefit.
OPINION: You will explore the legal basis for the new powers granted to the bailiffs?
M. A.: will. For us this is news. I think I see the first signs that there are grounds to speak of infringement. We will examine everything carefully, if we come to the conclusion that there are grounds to speak about violation of the rights and freedoms of citizens and individuals, we are naturally going to challenge it.
How ushers do their work abroad? There is common practice of posting photos of debtors on billboards?
M. A.: I Think that there is just impossible. They act by lawful means to arrest the property, wanted the property. We here nobody does it. Us police officers absolutely do not want and are not able to locate the debtor’s property. Same for the collectors: they just don’t want to work. To find the property expensive, requires specific skills – you need to work as a virtual detective. And it is easier without leaving the office, organize two or three dozen phone calls to terrorize all of your neighbors, friends and acquaintances of the debtor, till he comes and will not bring everything on a silver platter.