How can a collector be held criminally liable for...?

solved

... wrongful acts such as threats, blackmail or physical coercion?

14.06.2023 16:33 562

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Photo of sikorsky.y.o Yaroslav Sikorsky

The Constitutional Court of Ukraine considered confidential information about a natural person to include information about his property status and other personal data (decision of the Constitutional Court of Ukraine dated October 30, 1997 No. 5-zp). Therefore, the information that an individual provides to the bank is confidential. Confidential information may be distributed with the consent of the relevant person in the manner determined by it, in accordance with the conditions stipulated by it, as well as in other cases determined by law (Part 2, Article 21 of the Law of Ukraine "On Information").

The collection by collectors of information about a natural person without his consent is illegal. In case of violation of his rights, such an individual may file a complaint against illegal actions related to the collection, storage and processing of his personal data to a specially authorized body or to a court.

Regarding criminal liability, usually the actions of representatives of collection companies go beyond the legal field, and contain signs of the composition of crimes provided for by the Criminal Code of Ukraine, namely: art. 182 of the Criminal Code of Ukraine – "Violation of privacy"; ** Art. 189 of the Criminal Code of Ukraine – "Extortion"; ** Art. 355 of the Criminal Code of Ukraine - "Compulsion to perform or not perform civil legal obligations", etc.

If you have suffered from such actions by collectors, you need to file a criminal complaint with the police.

14.06.2023 16:39

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