Last December, the 'Federal Institute for Access to Information and Data Protection' ("IFAI" for its acronym in Spanish) issued the "Guide for the correct processing of Personal Data in debt collection activities" ("the Guide").

The Guide was developed taking into account statistics of complaints that have been filed in recent years before the 'National Commission for the Protection and Defense of Users of Financial Services' (the "CONDUSEF" for its acronym in Spanish), and the fact that many of these complaints were related to data protection. With the Guide, the IFAI intends to guide the processing of personal data in debt collection activities of Financial Entities and Collection Firms.

Specifically, the Guide provides recommendations to Data controllers and Data Processors with collection activities on how to achieve compliance with each of the principles of data protection, the duties of confidentiality and security; it explains how data transfers should be carried out, and how to properly address requests of data subjects exercising their rights (access, rectification, cancellation, opposition, consent withdrawal).

This is exemplified in the Guide as follows:

The document is available in Spanish in the following the link:

Originally published January 23th, 2015.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.