Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge

Designed to provide a fresh start, the discharge procedure relieves debtors of pre-bankruptcy debts, allowing them to resume economic activity. Attainment of this aim is also linked with the processing of the debtor’s personal data during and even after the discharge procedure is completed. The proc...

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Main Authors: Bolzanas Darius, Jokubauskas Remigijus
Format: Article
Language:English
Published: Sciendo 2024-12-01
Series:Baltic Journal of Law & Politics
Subjects:
Online Access:https://doi.org/10.2478/bjlp-2024-00012
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author Bolzanas Darius
Jokubauskas Remigijus
author_facet Bolzanas Darius
Jokubauskas Remigijus
author_sort Bolzanas Darius
collection DOAJ
description Designed to provide a fresh start, the discharge procedure relieves debtors of pre-bankruptcy debts, allowing them to resume economic activity. Attainment of this aim is also linked with the processing of the debtor’s personal data during and even after the discharge procedure is completed. The processing of the debtor’s personal data in the discharge procedure is subject to the general rules of protection of personal data in the European Union law. This article analyzes what the legal basis for processing of debtor’s personal data is during and after the discharge procedure. It also deals with the question whether a proper balance between the principle of publicity of the discharge procedure and the main goals of the processing of personal data (lawful processing of personal data, data minimization principle) are achieved under the current legal framework of the European Union. To show the practical problems in this area, the article focuses on the recent case law of the Court of Justice of the European Union, which reveals the problems to achieve the proper balance between the different aims of the discharge of debt procedure and processing of personal data.
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institution Kabale University
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spelling doaj-art-139f0121e80e41f682faaa71bc2363382025-02-02T15:47:45ZengSciendoBaltic Journal of Law & Politics2029-04542024-12-0117211810.2478/bjlp-2024-00012Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency DischargeBolzanas Darius0Jokubauskas Remigijus11Doctor of Laws Mykolas Romeris University, School of Law, Lithuania2Associate Professor Mykolas Romeris University, School of Law, LithuaniaDesigned to provide a fresh start, the discharge procedure relieves debtors of pre-bankruptcy debts, allowing them to resume economic activity. Attainment of this aim is also linked with the processing of the debtor’s personal data during and even after the discharge procedure is completed. The processing of the debtor’s personal data in the discharge procedure is subject to the general rules of protection of personal data in the European Union law. This article analyzes what the legal basis for processing of debtor’s personal data is during and after the discharge procedure. It also deals with the question whether a proper balance between the principle of publicity of the discharge procedure and the main goals of the processing of personal data (lawful processing of personal data, data minimization principle) are achieved under the current legal framework of the European Union. To show the practical problems in this area, the article focuses on the recent case law of the Court of Justice of the European Union, which reveals the problems to achieve the proper balance between the different aims of the discharge of debt procedure and processing of personal data.https://doi.org/10.2478/bjlp-2024-00012personal datadischarge procedureeuropean union insolvency lawright to private life
spellingShingle Bolzanas Darius
Jokubauskas Remigijus
Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
Baltic Journal of Law & Politics
personal data
discharge procedure
european union insolvency law
right to private life
title Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
title_full Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
title_fullStr Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
title_full_unstemmed Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
title_short Reconciling a Fresh Start with Personal Data: The Challenge of EU Insolvency Discharge
title_sort reconciling a fresh start with personal data the challenge of eu insolvency discharge
topic personal data
discharge procedure
european union insolvency law
right to private life
url https://doi.org/10.2478/bjlp-2024-00012
work_keys_str_mv AT bolzanasdarius reconcilingafreshstartwithpersonaldatathechallengeofeuinsolvencydischarge
AT jokubauskasremigijus reconcilingafreshstartwithpersonaldatathechallengeofeuinsolvencydischarge