The Commissioner for Information of Public Importance and Personal Data Protection warned the Chamber of enforcement officers that contrary to the Law on Personal Data Protection, without legal authority or consent to processing, processes personal data of debtors.

The Chamber of enforcement officers has begun processing of personal data of debtors (name, address, amount due), indicating as a basis "Rulebook on the contents and manner of submitting a request to the Chamber of enforcement officers for determining the competent enforcement officer", which it adopted itself.

The said Rulebook was passed in the manner and under circumstances that are inconsistent with the provisions of the Law on Enforcement and Security on the basis of which it was passed, and its application began contrary to the Constitution, even before it was published.

Even if there are no mentioned irregularities, this Rulebook, as any other rulebook, could not be the basis for processing of personal data as, according to the Constitution, it can only be a law, not a bylaw.

Processing of personal data is contrary to the Law on Personal Data Protection, not only because of the legal basis, but also from the point of purpose, because the law stipulates that the processing is unlawful if it is disproportionate to its purpose. The purpose of submitting certain information about authentic documents by creditors to the Chamber of enforcement officers is governed by the Law on Enforcement and Security, which is to evenly distributed enforcement officers according to alphabetical order of their entry in the directory. That purpose can be achieved by processing only data on executive title (document number, place with no address, amount due) from which individual natural persons cannot be identified, because it is unnecessary for the purpose, while unnecessarily opens the risks associated with storing, protection or possible misuse of the data.

The Commissioner ordered the Chamber of enforcement officers to inform him within 8 days about what action it will take in order to eliminate those irregularities, after which he will decide on further measures.