• +49 (30) 804 03 588 | +49 (0)157 322 38619 | +33 (0) 6 79183704
  • sybille.boese-tarsia@sbt-rechtsanwaeltin.eu
  • Nickisch-Rosenegkstrasse 9, 14129 Berlin
  • +49 (30) 804 03 588 | +49 (0)157 322 38619 | +33 (0) 6 79183704
  • sybille.boese-tarsia@sbt-rechtsanwaeltin.eu
  • Nickisch-Rosenegkstrasse 9, 14129 Berlin
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Italy: Right to be forgotten for bad/late payers and credit information

The Italian Privacy Authority intervened on the protection of debtors and in particular on the management of databases of “bad payers”. The “bad payers” databases are an integral part of the SIC (“Credit Information Systems”) system, in which all the names of debtors who pay overdue loan instalments, loans, credit agreements in general, and even those debtors who do not pay at all are entered. It is in this sense that the Italian Privacy Authority has intervened to clarify the basic rules for anyone who wants to obtain financing for goods/services and for any personal loan or mortgage, etc., and verify precisely whether the name is already contained in the bad payers database, because if so, this could prejudice the obtaining of any  ( further) credit. The Italian Privacy Authority has established that the managers of the databases, (as provided for by the Italian code of conduct,) must notify the debtor-late payer of the filing, at least 15 days before. In addition, the inclusion in the SIC database should be justified by proof that the debtor is in default. Advising  the debtor ahead is a way of enabling him to fulfil his obligation on time before being recorded in the bad payers database. The report can also be made only after the notice has actually reached the addressee; this is why it is mandatory that it be sent by registered letter with return receipt or by PEC ( electronic mail certificate), so that there can be evidence/proof of delivery for late payer/debtor.