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GDPR and debt collectors

  • 23-01-2019 12:09pm
    #1
    jhenno78
    Closed Accounts Posts: 208 ✭✭


    Bit of a shower thought, I have no debt myself.

    I was just pondering the way debt collectors work - so many months pass and someone gets a call(S) because somewhere in the background company A has either engaged a debt collector or sold the debt.

    The bit I was curious about is that I've never heard of a company actually giving notice that they were going to do this. Isn't it a data-protection requirement that the company inform the debtor before doing this?


Comments

  • #2
    Seth Brundle
    Moderators, Politics Moderators Posts: 41,239 Mod ✭✭✭✭Seth Brundle


    I wouldn't have thought so.
    In some cases, the debt collector is acting on behalf of the original company.
    When the debt is sold on to a third party, the debt collectors have a legitimate reason for having your data. The original company may have it in their T&Cs that the debt could be sold on and in such cases all necessary details would follow. It wouldn't be an opt-in situation either.
    I wouldn't see a GDPR issue with it though.

    https://pwc.blogs.com/deals/2018/05/assessing-the-impact-of-gdpr-on-debt-management.html


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Pay your bills!


  • #4
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    the thing so many people fail to realise when talking about gdpr is that if the company has a legitimate business necessity to do something they can do it.

    If you dont pay your bills they can take reasonable action to enforce the debt. hiring debt collectors and giving them your personal information is reasonable.


  • #5
    maximoose
    Registered Users, Registered Users 2 Posts: 9,209 ✭✭✭maximoose


    It's usually in the T&Cs of any contract that data can be passed to external collection agencies


  • #6
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,598 ✭✭✭the_pen_turner


    would it be considered reasonable for say a self employer tradesman who was screwed over by a customer to pass on said customers detaisl to other tradespeople to warn them not to work for said scumbag.

    hypothetically of course

    Mod
    Such advice could leave that tradesman open to defamation actions


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  • #7
    jhenno78
    Closed Accounts Posts: 208 ✭✭jhenno78


    4ensic15 wrote: »
    Pay your bills!
    jhenno78 wrote: »
    Bit of a shower thought, I have no debt myself.

    well...I tried.


  • #8
    jhenno78
    Closed Accounts Posts: 208 ✭✭jhenno78


    For clarity, I was never questioning whether or not info could be legally passed to a third party, I was wondering if there was a duty to notify the person that such a thing was happening.

    Anyway, Seth seems to have answered that, so thank you.


  • #9
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,598 ✭✭✭the_pen_turner


    the_pen_turner wrote: »
    would it be considered reasonable for say a self employer tradesman who was screwed over by a customer to pass on said customers detaisl to other tradespeople to warn them not to work for said scumbag.

    hypothetically of course

    Mod
    Such advice could leave that tradesman open to defamation actions

    whats with the mod action. im only asking a hypothetic question.
    surely it would only be defamitory if untrue.

    if i did work for mary bloggs and she fails to pay me then its a proven fact surely


  • #10
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    True statements can be defamatory.

    If you are a defendant to a defamation suit, you have to prove it's true if relying on truth as a defence.

    In both cases, there's nothing to stop the defamed party bringing an action for defamation in the first instance. Winning the case might be another thing.


  • #11
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    hullaballoo wrote: »
    True statements can be defamatory.

    If you are a defendant to a defamation suit, you have to prove it's true if relying on truth as a defence.

    In both cases, there's nothing to stop the defamed party bringing an action for defamation in the first instance. Winning the case might be another thing.
    What you say is accurate. However, if a defendant's defamation lawyer can't win that hypothetical case, they should seriously consider another profession.


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  • #12
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,598 ✭✭✭the_pen_turner


    FreudianSlippers wrote: »
    What you says is accurate. However, if a defamation lawyer can't win that hypothetical case, they should seriously consider another profession.

    are you saying the customer would win.
    why


  • #13
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    the_pen_turner wrote: »
    are you saying the customer would win.
    why
    That's not at all what I'm saying, although on looking again I see where you get that impression :D

    Post fixed!


  • #14
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,598 ✭✭✭the_pen_turner


    can you elaborate on the true statments being defamatory. any definition i looked up says it has to be false


  • #15
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    the_pen_turner wrote: »
    can you elaborate on the true statments being defamatory. any definition i looked up says it has to be false
    Unlike in the US and some other jurisdictions, the "defamatory statement" (as defined in the Defamation Act 2009) is - and this is a massive oversimplification before people jump down my throat - presumed to be false. In other words, the statement itself need only to be one that tends to injure a person’s reputation in the eyes of reasonable members of society.

    Correctly or incorrectly defined in one's opinion, it is then up to the defendant to raise one of the many defences to defamation under the Act. Pro tip (and this is not legal advice) never only plead truth, no matter how adamant you are that the statement was true!


  • #16
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    the_pen_turner wrote: »
    can you elaborate on the true statments being defamatory. any definition i looked up says it has to be false
    No, it just has to be defamatory - i.e. it has to cause people to think less of the person that it is about.

    If you are sued for defamation, you can raise the defence of justification - although the statement is defamatory, it is justified because it is, in fact, true. But it's then up to you to prove that the statement is true. The person suing you never has to prove that it is false.


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