Illegal interference in the honor of the plaintiff to include to him in a file of weak people without previous requirement of payment
Provincial hearing Badajoz, Sentences 4 February 2019
Newspaper the Law, Number 9381, Section the Sentence of the day, 20 of March of 2019, Publishing Wolters Kluwer
The omission of the obligation to notify has organization sufficient to declare the responsibility of the one in charge of the file. If the creditor does not have certainty from which the indebted one has received this notification, it will not be able to come to the treatment of the data referred to that interested.
The plaintiff exercises action on civil trusteeship of his right to the honor by inclusion of his data in a file of weak people.
Considered the demand to have harmed the honor of the actor, the Provincial Hearing of Badajoz confirms the sentence of first instance that condemned to the Registry of Patrimonial Insolvency ASNEF to realise the opportune managements to give him of loss.
It is certain that, initially, the person in charge of the file limits himself to include in the same to the person of the indebted one and the origin and quantity of the debt. However, also it is it that, in accordance with the arranged thing in Art. 40 of the Regulation of the LOPD (LAW 13934/2007), comes forced to notify to interested each debt makes specific and certain. In such a way that, if it does not have certainty from which the indebted one has received this notification, it cannot come to the treatment of the data referred to that interested.
With this obligation which is tried it is to guarantee that the interested one has a complete knowledge of its inclusion in the file.
In the case of cars it is not proven that the actor had received no notification. In first of them no longer it resided in the place where it was tried by the one in charge of the file and in second it does not consist if it not even gets to try itself.
And as it indicates the Hearing, this omission of the notification obligation has organization sufficient to be able to declare the responsibility of the one in charge of the file in the illegal interference in the right to the honor of the plaintiff, because it had to use means of trustworthy notification , auditable and independent who it allowed him to prove the effective accomplishment of the shipments.
To greater abundance, it does not consist either that Asnef had certainty of which the creditor had done to indebted the previous requirement to which Art. 38,3 of mentioned Regulation 1720/2007 talks about.
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