Tracking bank/post office accounts

Tracking the current account of a debtor, whether a natural or a legal person, is certainly a primary debt collection activity as it points directly to the debtor’s liquid wealth. Identifying the existence of a bank account provides the creditor with important information to initiate seizure aimed at debt collection.

Banking information is protected by privacy laws, which makes it necessary for the debtor to consent to the disclosure of wealth-related information to the creditor. Since this consent is rarely granted, the practical solution is to implement Art. 24 of the Data Protection Act, which states that “consent is not required when processing is required to perform obligations arising from a contract to which the data subject is a party”.

Debtors are therefore obliged to pay and fulfil their obligations with present and future assets, as laid down in art. 2740 of the Italian Civil Code. This contractual obligation goes hand in hand with a legal obligation, meaning that the results of banking investigations can be transmitted without consent.

Tracking current accounts brings to light the bank accounts of the investigated party.

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