An important precedent decision was made in Orenburg by the regional court. He ordered the bank to pay compensation for non-pecuniary damage to a client who was tortured by collectors with threatening calls and letters.

It all started with the fact that a citizen came to the district court of Orenburg with a lawsuit against big bank. She asked the financial institution to compensate her for moral damage from the transfer of her personal data to collectors.

The plaintiff explained that she had entered into a loan agreement with the bank for 100,000 rubles and, upon receiving the loan, agreed to transfer the rights and obligations under the agreement to third parties. She did not give her consent to the transfer of her personal data to anyone.

Due to everyday problems, she overdue the payment on the loan. And the threats from the collection office began. Moreover, they called and sent SMS not only to the plaintiff's mobile, but also to her relatives.

The court, having studied the materials of the case, stated that the bank has no right to disclose personal data of customers to third parties without their consent. As a result, the court exacted compensation for non-pecuniary damage from the bank in favor of the plaintiff and the bank will also pay court expenses plaintiffs.

Such a decision of the court is extremely important. After all, in the country now a lot of citizens are suffering precisely from such actions of banks and collectors, who act in violation of all laws. And far from always knocking out a debt, it's just a waste of nerve cells.

Recall that in St. Petersburg, due to calls from collectors, a schoolgirl jumped out of a window on the 10th floor. Fortunately, the girl survived. Now St. Petersburg investigators are looking for those because of whom she attempted suicide. A well-known cellular company is suspected, which sold its client's debt to collectors.

An 11-year-old girl received a fracture of the base of the skull, a craniocerebral injury, and a chest injury. According to the doctors, she survived by a miracle. Actually this story is creepy. The family rented an apartment. The hostess, renting out housing, warned that they could call from the bank where her son took out a loan.

It turned out that the collectors not only called, but also sent letters demanding to pay off the debt. It is already known that the collectors knew perfectly well that the debtor had not lived in this apartment for a long time. They knew that strangers were filming it, but they continued to mock people.

The calls of collectors were often answered by a girl who was alone at home during the day after school. But even having heard a child's voice in the receiver, the bouncers of debts did not calm down. In general, the child lost his nerve. The girl wrote a note to her parents: "Run, save yourself, we owe them 83 thousand rubles" and jumped from the 10th floor. The whole cynicism of the situation is that the collectors continued to call this apartment and threaten even after the tragedy.

According to preliminary information, the collection service, which arranged a real psychological terror for the family, is located in Moscow. Investigators are looking into who exactly spoke to the child. By law, collectors are prohibited from any negotiations with children. But no one has answered this yet. Collectors are taught that it is best to put pressure on the children and old people of the debtor, to pull the boss at work. They send threatening text messages like "do not leave the house, they left for you."

If this does not work, then they come in person. This is what happened in the Urals. There, a criminal case is being investigated about the murder of a debtor by collectors. In Perm, they are looking for eyewitnesses of a fight that ended in a murder. At the end of September, on one of the streets of the city, representatives of the microfinance organization "Dam money" attacked the debtor Andrey Chernykh and his friend Nikita Palyanov. The debtor and a friend came to a meeting with collectors to discuss the terms of repayment of the loan. But the conversation didn't work. As soon as the young people got out of the car, they were attacked with fists. Nikita was hit with his head on the asphalt, as a result of which he was seriously injured.

Passers-by called an ambulance, but the doctors could not save young man He died in intensive care. The deceased is survived by his wife and two-year-old daughter.

According to the latest information, the police have so far detained one of the attackers. A criminal case was initiated under Part 1 and Part 4 of Art. 111 of the Criminal Code of the Russian Federation (Intentional infliction of grievous bodily harm, negligently resulting in the death of a person). The maximum punishment that awaits the collector is 15 years in prison. They are looking for the second attacker.

Recently, literally a series of suicides has taken place in different regions of the country, which investigators associate precisely with unpaid loans, collectors and banks. But it has not yet been possible to prove a direct link between suicides and calls from collectors in any case. In Russia, a human rights association of anti-collector communities has even started working.

At the end of last year, an amendment to the Criminal Code was submitted for consideration by the State Duma to punish bankers and collectors who drove debtors to suicide. But this idea did not cause enthusiasm among legislators.

Help "RG"

Collectors are not allowed to:

• - threaten the debtor with reprisals and imprisonment;
• - demand to repay the debt immediately, publicly accuse the debtor of fraud;
• - seize the borrower's property without a court decision or if it belongs not only to the debtor, but also to his children or other relatives;
• - request data on the salary and other income of the debtor in tax office and other state organizations without the permission of the court or the borrower.

What is considered illegal actions of collectors?

• The collector does not introduce himself, does not name his data, does not present his documents at the meeting.
• The collector refers to the debtor on "you" or by name, even worse - offends.
• Calls after 22:00.
• The collector does not have the right to disclose confidential information to third parties - the amount of debt, interest, delay time. (Third parties are not only strangers, but even the wife and parents of the debtor).
• The collector is forbidden to call the debtor at work, call his relatives and friends.
• It is not allowed for the collector to call and send SMS more than once a day.

Delay in loan payments forces banks to use any options for influencing debtors - written claims, phone calls, going to court, selling debt to collectors, etc. However, banks often abuse their rights and begin to "get" the debtor's relatives, who have nothing to do with loan agreement and debt.

How justified are such actions, and do banks have the right to call the debtor's relatives? In this article, we will answer these questions, taking into account the practice of the Supreme Court of the Russian Federation.

Do they have a right?

It is necessary to immediately determine that banks have the right to use legal methods of influencing only the persons specified in the loan agreement. In addition to the borrower himself, under the terms of the loan, obligations may be borne by co-borrowers or guarantors, who, as a rule, are relatives of the debtor. In relation to this circle of persons, directly indicated in the text of the agreement, the bank may take the following actions aimed at repaying the debt:

• sending written notices and claims with a demand to repay the debt and accrued interest;
• call the contact numbers specified in the contract, in compliance with the requirements of legislative acts (calls are allowed only during the daytime and on weekdays, their total number is also regulated by regulatory acts);
• send claims to judicial institutions for debt collection both from the main borrower and from the co-borrower or guarantors in the manner of joint and several liability;
• transfer the right to claim for the recovery of a debt third parties and persons (collectors) in compliance with the requirements of the law.

If a bank or an organization hired by it to collect a debt violates the requirements of the law, they can be held liable, including under the norms of the Criminal Code of the Russian Federation. First of all, this concerns cases of violence or threats of its use by collectors.

If these methods of debt collection do not bring results, employees banking institutions often arbitrarily expand the list of available methods of influence - they can call the debtor's work, disturb his close relatives and friends with calls. How legitimate are such actions? In 2016, the Supreme Court of the Russian Federation expressed its position on this issue, considering the case at the request of a relative of the debtor.

Based on analysis Definitions Supreme Court RF dated April 12, 2016 No. 9-KG 15-21, to qualify the actions of banking institutions, the following nuances must be taken into account:

• notification of the existence of a debt and a request to repay it can only be sent to persons acting as a party or participant in the agreement - the borrower, co-borrower and guarantor (sending documentation to other persons, including close and distant relatives, is an illegal action);
• calls to citizens about a debt to their relatives are a violation of the principle of good faith banking, even if these contacts are single;
• calling a relative would be illegal even if there was no threat of violence.

Thus, the bank has the right to call only persons to whom monetary claims under a loan agreement. A similar rule applies to cases of transferring debt to collection agencies - oral or written appeals can be addressed only to the debtors themselves, but not to their relatives.

Consider how you can protect yourself from the endless calls of bank employees, and whether it is possible to present material claims in this case.

What to do if they call?

Even if you got a call from the bank once and filed a claim for your relative's debts, you can assert your legal right to protect your privacy. To avoid a stressful situation, it is advisable to politely warn a bank employee about the illegality of his actions and ask him to stop calling. If possible, even the first call must be recorded, this will be evidence in the further process.

If the calls continue, you can proceed as follows:

• record each conversation, during which you need to politely find out which bank is calling you, the personal data of an employee of a banking institution;
• you can send a written claim to the bank indicating the number of calls, demand to stop illegal activities and compensate for non-pecuniary damage;
• must be taken from mobile operator details of calls, from which you can establish the data of the number from which you were called on behalf of the bank (if different phone numbers are used, it will be possible to request information about their owner in a lawsuit);
• on the facts of unlawful interference with privacy, you can file a claim with the district court for the recovery of compensation for non-pecuniary damage.

In the actions of bank employees, a crime can only arise if there are real threats of violence or the dissemination of disgraceful information. If these facts are established when calling from the bank, you can immediately contact the police, a pre-investigation check will be carried out.

Recovery of compensation for non-pecuniary damage is an unconditional right of a citizen who was called by the bank for the debts of a relative. The amount of compensation will be determined by the court based on the nature of the violation committed - the number of calls, their content, the lack of response of employees of a credit institution to the requirement to stop illegal actions will be determined. In the above case, which was considered by the Supreme Court of the Russian Federation, compensation for non-pecuniary damage in the amount of 150,000 rubles was presented for collection.

If you need help in protecting against unlawful calls on the debts of a relative, we advise you to immediately contact our lawyers for a consultation. Call the 24-hour line or leave your questions in the form of an online chat on our website, we will help you stop calls and seek compensation for moral damage.

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“A debt in payment is red,” says a Russian proverb. Only it often happens that banks and collectors that have already become the talk of the town require citizens to repay the debt for their relatives, acquaintances, and sometimes for complete strangers who, for example, used to live at this address or indicated a number when concluding a loan agreement " at random."

A similar story became the subject of consideration by the Supreme Court of the Russian Federation.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation considered a civil case on the claim of an individual against a bank to recover compensation for moral damage. The lower courts had previously denied the plaintiff's claim.

The plaintiff refers to the fact that the loan from the bank was taken by her adult son, but the bank and its representatives, violating her personal non-property rights, call her cell phone, send letters to her address demanding to repay her son's loan debt, which causes her moral suffering .

Initially, the courts proceeded from the fact that under the terms of the loan agreement, with the written consent of the borrower, the bank had the right to notify the borrower about the status of the account, the presence of debt on the loan and the need to repay it at the contact numbers and addresses indicated by the borrower in the application.

Judicial Collegium for Civil Cases of the Supreme Court Russian Federation pointed out that it was impossible to agree with such conclusions, since they are based on the incorrect application of the norms of substantive and procedural law, without taking into account the circumstances that are important for the correct resolution of the dispute.

By virtue of Part 1 of Article 23 of the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, protection of their honor and good name.

The court found that when applying to the bank with an application for a loan, the borrower provided his personal data, including his contact number mobile phone, registration address and postal address. In the Application, the borrower asked to provide him with services by sending him a monthly loan notice to his postal address, which includes information on the amount of debt, its repayment period and other information. It also contains an indication that the client agrees to receive information from the bank about the status of accounts, about the bank's partners, new services, for which he allows the use of his personal data, which are specified in the contract and which he informed the bank. The Bank may send information to the client by mail, by phone, by e-mail and in the form of SMS messages; the client gives the bank the right to process his personal data in various ways, including by involving other organizations.

Since the borrower had a debt on the loan to the bank, the bank repeatedly sent claims about the presence of debt on the loan to the address specified in the agreement.

The borrower's mother applied to the bank with a written message stating that she is not a borrower of the Bank, while her phone number receives SMS messages about her son's debt. The bank apologized to her and said that her phone number was provided by her son, the phone number will be removed from the bank's database.

When applying to the court, the plaintiff pointed out the unlawfulness of the bank's actions to use her personal data without her consent in case of appeals that took place before the date of the written appeal to the bank, as well as the lack of response of the defendant to her oral appeals.

According to paragraph 1 of Article 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor the performance of his obligation.

In accordance with paragraph 3 of Article 308 of the Civil Code of the Russian Federation, an obligation does not create obligations for persons not participating in it as parties (for third parties).

Based on the meaning of the above legal norms, the parties to the obligation are the creditor (legal, individual or individual entrepreneur having in relation to the debtor the right to claim overdue debts based on law or contract) and the debtor ( entity, an individual or an individual entrepreneur who has an overdue debt to the creditor). Also, where such an interpretation is permissible, the "debtor" also means guarantors, pledgors and other persons obliged by law or contract to fulfill an obligation in full or in part instead of the debtor, or together with the debtor.

IN statement of claim and in the appeal, the plaintiff stated that the addresses and telephone numbers to which calls and messages from the bank are received were not indicated by her son when concluding the contract as contact details.

In violation of the requirements of Article 67 of the Civil Procedure Code of the Russian Federation, these statements of the plaintiff, initially, did not receive a proper legal assessment of the court.

In itself, the fact that, under the terms of the loan agreement, with the written consent of the debtor, the bank had the right to notify the borrower about the state of the account, the presence of debt on the loan and the need to repay it, does not relieve credit organization from the obligation to observe the rights and interests protected by law, both of the debtor and third parties who are not participants in credit relations, in the exercise of her rights to receive performance from the debtor on credit obligations, and was subject to assessment by the court, taking into account the provisions of Article 1 of the Civil Code of the Russian Federation , in particular paragraph 3 of this article, according to which, in establishing, exercising and protecting civil rights and in the performance of civil obligations, participants in civil legal relations must act in good faith.

In violation of the said norm of substantive law, the courts of the first and appellate instances did not indicate on the basis of what norms of substantive law the defendant's actions to obtain the plaintiff's personal data and use them in order to resolve credit relations that arose between the borrower and the bank were recognized by the court as not violating the personal non-property rights of the plaintiff.

By virtue of Article 195 of the Code of Civil Procedure of the Russian Federation, the decision of the court must be lawful and justified.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds that the violations of the norms of substantive and procedural law committed during the consideration of the case by the courts of the first and appellate instances are significant, and therefore the decisions of the lower courts made in the case cannot be recognized as lawful, and they are subject to cancellation with remanding the case for a new trial in the court of first instance.

You can find the text of the Ruling of the Collegium for Civil Cases of the Armed Forces dated April 12, 2016 No. 9-KG15-21 on our website in the "Judgments" section.

Hello!

Yes, you can sue for moral damages from the bank and collection agency(if collectors also call).

Judicial practice is available.

APPEALS DETERMINATION

Judicial Collegium for Civil Cases of the Tomsk Regional Court consisting of:

presiding Sinyakova T.P.,

judges Neber Y.A., Radikevich M.A.,

under the secretary Chernova S.V.

considered in an open court session in the city of Tomsk the case on the claim of Vyatkin A.P. joint-stock company"Vostochny Express Bank", to the limited liability company "Credit Collection Group" on imposing the obligation to stop processing personal data and exclude illegally obtained personal data from information system with the direction of the relevant written notice, compensation for moral damage, recovery of court costs

on the appeal of Vyatkin A.P. against the decision of the Seversky City Court of the Tomsk Region dated August 25, 2014.

After hearing the report of the judge Radikevich M.A., the explanations of Vyatkin A.P., who supported the complaint, the judicial board

installed:

Vyatkin A.P. filed a lawsuit against Vostochny Express Bank Open Joint Stock Company (hereinafter referred to as OJSC CB Vostochny Express Bank), Credit Collection Group Limited Liability Company (hereinafter Credit Collection Group LLC) on imposing the obligation to stop processing personal data, compensation for non-pecuniary damage.

In support of his claims, he indicated that for 2 years his cell phone received calls and SMS messages demanding to pay off the debt. The callers introduced themselves as employees of LLC "Credit Collection Group" and informed him about the alleged debt on a loan to OJSC CB "Vostochny Express Bank". In addition, the SMS messages against him and his relatives contained clear threats.

Any loan agreement between Vyatkin A.P. and OJSC CB "Vostochny Express Bank" was not concluded.

During an audit conducted by the Russian Ministry of Internal Affairs for ZATO Seversk, Tomsk Region, it turned out that on November 17, 2010, his son’s wife from his first marriage, V., entered into a loan agreement with OAO CB Vostochny Express Bank and, at the request of the bank, left his phone number as an additional contact , calling his last name, first name and patronymic. Currently, V. does not properly fulfill his obligations under the loan agreement.

He believes that OJSC CB Vostochny Express Bank and LLC Credit Collection Group, having received his personal data, processed them without his consent in violation of paragraphs. 1 p. 1 art. 6 of the Federal Law "On Personal Data".

As a result of the illegal processing of his personal data by the defendants, he suffered non-pecuniary damage, which he estimates at /__/ rub.

Based on the foregoing, the plaintiff asked the court: to oblige OJSC CB Vostochny Express Bank to stop processing his personal data (last name, first name, patronymic and contact phone number), exclude his illegally obtained personal data from the information system and send him a corresponding written notice; oblige Credit Collection Group LLC to stop processing his personal data (last name, first name, patronymic and contact phone number), exclude his illegally obtained personal data from the information system and send him a corresponding written notice; collect in his favor for /__/ rub. as compensation for non-pecuniary damage from each of the defendants.

The court session was held in the absence of representatives of OAO CB Vostochny Express Bank, OOO Credit Collection Group.

At the hearing the plaintiff Vyatkin A.P. and his representative Tikhonov B.L. The stated claims were supported in full.

The court ruled the decision, which, on the basis of paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12/20/1994 No. 10 “Some Issues of the Application of Legislation on Compensation for Moral Damage”, Art. 2, 3 "On personal data", the claims of Vyatkina A.P. left unsatisfied.

Disagreeing with the decision of the trial court, Vyatkin A.P. filed an appeal, which asks the decision of the court of first instance to cancel, take a new decision to meet the stated requirements.

In support of the complaint indicates that when deciding, the court of first instance incorrectly applied the substantive law. Refusing to satisfy the stated requirements, the court of first instance considered that the plaintiff's rights were not violated, since the information provided by the defendants in SMS messages does not contain either the name, patronymic, address of the person's place of residence, or the year, month, date and place of birth, family, social, property status, education, profession, income, as well as other information by which it is possible to identify a particular person. However, within the meaning of the Law “On Personal Data”, the processing of personal data is understood not only as their distribution, and therefore the court’s conclusions to the contrary are unfounded.

Indicates that the court of first instance did not assess the fact that the personal data of Vyatkina A.P. were transferred to OJSC CB Vostochny Express Bank LLC Credit Collection Group, which indicates a violation of the rights of the plaintiff provided for by law. In addition, Vyatkin A.P. did not express his consent to the processing of personal data, which also indicates a violation of the provisions of the Law "On Personal Data".

He believes that by refusing to satisfy his claims, the court violated the plaintiff's right to judicial protection, and therefore the decision of the court of first instance should be canceled.

Judicial Board on the basis of Part 1, Part 3 considered it possible to consider the case in the absence of representatives of the defendants duly notified of the time and place of the case.

Having studied the materials of the case, discussed the arguments of the appeal, having checked the legality and validity of the decision of the court of first instance under the rules of part 1, the panel of judges believes that the decision made by the court does not meet the requirements of part 1, which provides that the court decision must be lawful and justified.

As he explained, a decision is legal when it is made in strict observance of the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to this legal relationship, or is based on the application, where necessary, of the analogy of the law or the analogy of law (Art. 4, part 3).

The decision is justified when the facts relevant to the case are confirmed by evidence examined by the court that meets the requirements of the law on their relevance and admissibility, or by circumstances that do not need proof (Art., -,), and also when it contains exhaustive conclusions of the court arising from established facts.

According to Part 1 of Article 23 of the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, protection of their honor and good name.

Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed. State authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law ().

By virtue of Article 17 (Part 3) of the Constitution of the Russian Federation, the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.

In accordance with Part 3 of Article 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure defense country and state security.

In the development of these constitutional provisions, in order to ensure the protection of the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the rights to privacy, personal and family secrets, the Federal Law of July 27, 2006 N 152-FZ "On personal data" (hereinafter referred to as the Law "On Personal Data"), which regulates relations related to the processing of personal data carried out federal authorities state authorities, state authorities of the constituent entities of the Russian Federation, other state bodies, local governments, municipal bodies, legal entities, individuals that are not part of the system of local governments (Part 1 of Article 1, Article 2 of the Law "On Personal Data").

This Law defines the principles and conditions for the processing of personal data, the rights of the subject of personal data, the rights and obligations of other participants in legal relations regulated by this law.

According to Article 3 of the Law "On Personal Data", personal data is any information relating to an individual identified or determined on the basis of such information (the subject of personal data. By virtue of part 1 of Article 9 of the said Law, the subject of personal data decides to provide his personal data and consents to their processing by his own will and in his own interest, except for the cases provided for in part 2 of this article.

According to part 1 of Article 6 of the Law "On Personal Data", the processing of personal data by the operator is allowed with the consent of the subjects of personal data.

The Court of First Instance established and follows from the materials of the case that the plaintiff was not in a contractual relationship with OJSC CB Vostochny Express Bank and LLC Credit Collection Group, was neither a borrower nor a guarantor under a loan agreement. Information about the plaintiff's telephone number, his last name, first name, and patronymic were provided by V. to OAO Vostochny Express Bank, who is the wife of the plaintiff's son, in the application for a loan.

The materials of the case do not contain evidence of the plaintiff's consent to the processing of his personal data, nor do they contain evidence of the existence of other conditions for the legality of the processing of personal data specified in Article 6 of the said Law.

In refusing to satisfy the claim, the court proceeded from the fact that the plaintiff did not prove the processing of his personal data (last name, first name, patronymic and telephone number) in the information system.

At the same time, the court pointed out that the connection with the plaintiff by telephone number by the defendants' employees, in the court's opinion, does not violate the plaintiff's rights in the context of the norms set forth in the Law "On Personal Data", since the statements set out in SMS messages do not contain personalized and detailed data, neither the name, nor the patronymic, nor the address of the place of residence of the person, nor the year, month, date and place of birth, family, social, property status, education, profession, income, as well as other information by which it is possible to identify a particular person, namely the plaintiff.

Any objective and indisputable evidence that the employees of OJSC CB "Vostochny Express Bank" and LLC "Credit Collection Group" in any way processed (stored, distributed or disclosed, including to third parties) the personal data of the plaintiff, the court is also presented did not have.

These conclusions were made by the court without taking into account the requirements of substantive law.

In accordance with clauses 2.3, article 3 of the Law "On Personal Data", the processing of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including the collection , recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

Operator - government agency, a municipal authority, a legal entity or an individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.

It can be seen from the case file that in the course of repeated checks conducted by law enforcement agencies on the statements of Vyatkin A.P., it was established that the phone number registered in the name of the plaintiff was repeatedly called and SMS sent by employees of Credit Collection Group LLC using personal data of the plaintiff, namely: last name, first name and patronymic, since the telephone number and personal data of the plaintiff were indicated in credit history V., a client of OAO CB Vostochny Express Bank.

The defendants did not add any other circumstances and evidence to the contrary was not presented in the case file.

From the response of OJSC CB "Vostochny Express Bank" submitted to the court of appeal, it follows that between OJSC CB "Vostochny Express Bank" and the Limited Liability Company "/__/" on April 26, 2013, an agreement was concluded on the assignment of rights, including under a loan agreement , concluded with V. The agent of the Limited Liability Company "/__/" under this agreement is Credit Collection Group LLC. In accordance with this agreement, the original documents under the loan agreement concluded with V. were transferred to the Limited Liability Company "/__/", including. One copy of the assignment agreement was handed over to Credit Collection Group LLC.

Thus, in violation of the above requirements of the law, OJSC CB "Vostochny Express Bank" processed the plaintiff's personal data, namely, including their collection, storage and transfer.

Credit Collection Group LLC, having received the plaintiff's personal data not from him, without having information about his consent to the processing of his personal data, before the data processing (storage and use), in violation of Part 3 of Article 18 of the Law "On Personal Data" ”, did not provide the plaintiff with the necessary information, did not send a notification about the start of processing his personal data. Therefore, Vyatkina A.P. carried out the processing of personal data. illegal.

Evidence to the contrary, in violation of the requirements of Article 56 of the Code of Civil Procedure of the Russian Federation, was not presented by the defendants in the case.

According to Article 17 of the Law "On Personal Data", if the subject of personal data believes that the operator is processing his personal data in violation of the requirements of this Federal Law or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal against the actions or inaction of the operator to the authorized body for the protection of the rights of subjects of personal data or in a judicial proceeding. The subject of personal data has the right to protect his rights and legitimate interests, including compensation for losses and (or) compensation for moral damage in court.

According to Part 2 of Article 24 of the Law "On Personal Data", moral harm caused to the subject of personal data as a result of violation of his rights, violation of the rules for processing personal data established by this federal law, as well as the requirements for the protection of personal data established in accordance with this Federal Law, are subject to compensation in accordance with the legislation of the Russian Federation. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the subject of personal data.

According to paragraph 1 of Article 1099 of the Civil Code of the Russian Federation, the grounds and amount of compensation to a citizen for moral damage are determined by the rules provided for by Chapter 59 and Article 151 of the Civil Code of the Russian Federation.

In accordance with Art. 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the offender the obligation of monetary compensation said harm.

When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person harmed. provides that compensation for non-pecuniary damage is carried out in monetary form. The amount of compensation for moral damage is determined by the court, depending on the nature of the physical and moral suffering caused to the victim, as well as the degree of guilt of the tortfeasor in cases where guilt is the basis for compensation for harm. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account. The nature of physical and moral suffering is assessed by the court, taking into account the actual circumstances under which the moral harm was inflicted, and the individual characteristics of the victim.

In accordance with paragraph 2, moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on non-material benefits belonging to a citizen from birth or by virtue of the law, including privacy, personal and family secrets.

Since the defendants process the plaintiff's personal data in violation of the requirements of the law, their actions violated the plaintiff's rights to protect his personal data, this circumstance is the basis for recovering moral damages from them.

Determining the amount of compensation for non-pecuniary damage to be recovered from each of the defendants, the panel of judges takes into account the specific circumstances of the case, the amount and nature of the suffering caused to the plaintiff, the degree of guilt of the defendants, the amount of violations by OJSC CB "Vostochny Express Bank", the volume and duration of violations by LLC "Credit Collection Group", the Judicial Board considers it appropriate to the nature of the plaintiff's experiences related to the illegal processing of his personal data, the requirements of reasonableness and fairness to determine the amount of recovery of moral compensation from OJSC CB "Vostochny Express Bank" - /__/ rubles, from LLC "Credit collection groups” - /__/ rubles.

By virtue of Part 3 of Article 21 of the Law "On Personal Data", in the event of unlawful processing of personal data carried out by the operator or a person acting on behalf of the operator, the operator, within a period not exceeding three working days from the date of this discovery, is obliged to stop the unlawful processing personal data or ensure the termination of unlawful processing of personal data by a person acting on behalf of the operator.

Evidence that the defendants complied with such requirements of the law was not presented in the case, despite the fact that copies of the statement of claim by A.P. defendants' legal inquiries.

Under such circumstances, the claims Vyatkina A.P. on imposing the obligation to stop the processing of personal data and exclude illegally obtained personal data from the information system with the direction of the corresponding written notification are also subject to satisfaction.

In view of the foregoing, the decision is subject to cancellation with the adoption of a new decision on partial satisfaction claims Vyatkina A.P.

Guided by paragraph 2,, judicial board

determined:

the decision of the Seversky city court of the Tomsk region of August 25, 2014 to cancel. Adopt a new decision, with which the claim of Vyatkin A.P. is partially satisfied.

To oblige OJSC CB "Vostochny Express Bank" and LLC "Credit Collection Group" to stop processing personal data of Vyatkin A.P., exclude his personal data from the information system and send Vyatkin A.P. appropriate written notice.

To recover in favor of Vyatkin A.P. compensation for non-pecuniary damage from OJSC CB Vostochny Express Bank in the amount of /__/ rubles, from LLC Credit Collection Group - /__/ rubles, as well as the cost of paying the state fee in the amount of 200 rubles , that is, 100 rubles from each.

presiding

Oleg Eduardovich(05/12/2016 at 20:32:48)

Good afternoon.

You need to collect evidence of such calls. Everything that a bank or collectors can do out of court is prescribed in the (Loan) Law:

Article 15 consumer credit(loan)

1. When performing actions aimed at extrajudicial repayment of the debt that arose under a consumer credit (loan) agreement, the creditor and (or) legal entity with which the creditor has concluded an agency agreement providing for the performance by such person of legal and (or) other actions, aimed at repaying the debt that arose under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out activities to repay the debt) has the right to interact with the borrower and the persons who provided security under the consumer credit (loan) agreement using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraphic messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

2. Other, with the exception of the methods specified in Part 1 of this article, methods of interaction with the borrower or the person who provided the security under the consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt recovery activities, can be used only when the presence in writing of the consent of the borrower or the person who provided the security under the consumer credit (loan) agreement.

3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out activities to repay the debt:

1) direct interaction with the borrower or the person who provided the security under the consumer credit (loan) agreement, aimed at the borrower's fulfillment of the obligation under the agreement, the due date for which has not come, unless the right to demand early fulfillment of the obligation under the agreement is provided for by federal law;

2) direct interaction or interaction through short text messages sent using mobile radiotelephone networks on weekdays from 22:00 to 08:00 local time and on weekends and non-working days holidays from 20:00 to 09:00 local time at the place of residence of the borrower or the person who provided security under the consumer credit (loan) agreement, which is specified when concluding the consumer credit agreement (the agreement that ensures the execution of the consumer credit (loan) agreement or about which the creditor was notified in the procedure established by the consumer credit (loan) agreement.

4. The creditor, as well as the person carrying out activities to repay the debt, is not entitled to take legal and other actions aimed at repaying the debt that arose under a consumer credit (loan) agreement with the intent to harm the borrower or the person who provided security under the consumer credit agreement (loan), as well as abuse the right in other forms.

5. When interacting directly with the borrower or the person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out activities to repay the debt are required to report the last name, first name, patronymic (the last one, if any) or the name of the creditor and ( or) a person engaged in debt collection activities, or location, surname, name, patronymic (the last one, if any) and position of an employee of the creditor or a person engaged in debt collection activities that interacts with the borrower, location address for sending correspondence to the creditor and (or) a person carrying out activities for the return of debt.

If the bank has gone beyond the law - do not be silent, write complaints to the police and the prosecutor's office.