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-   -   Trivial matter? (https://britishexpats.com/forum/spain-75/trivial-matter-923651/)

minouette Mar 28th 2019 9:36 am

Trivial matter?
 
I recently received by email an invitation to the annual meeting of the community I have a property in.
With it there was a list of debtors, i.e. people behind with their community fees. This list contained the house number, the full name and the debt amount.
I'm thinking that this info, circulated to almost 200 people is in breach of EU GDPR (general data protection regulations).
I raised the point with the management company, but their response was "In Spanish law it is allowed to send the debtors list to all owners who are of course equal owners in the community and entitled to know who owes them money, ie fees."
I'm not sure I agree. What do you think?

snikpoh Mar 28th 2019 10:11 am

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662130)
I recently received by email an invitation to the annual meeting of the community I have a property in.
With it there was a list of debtors, i.e. people behind with their community fees. This list contained the house number, the full name and the debt amount.
I'm thinking that this info, circulated to almost 200 people is in breach of EU GDPR (general data protection regulations).
I raised the point with the management company, but their response was "In Spanish law it is allowed to send the debtors list to all owners who are of course equal owners in the community and entitled to know who owes them money, ie fees." I'm not sure I agree. What do you think?

They are correct - it is allowed.

If people don't like it, don't get into debt!

minouette Mar 28th 2019 11:01 am

Re: Trivial matter?
 

Originally Posted by snikpoh (Post 12662151)
They are correct - it is allowed.

If people don't like it, don't get into debt!

I'm not sure you gave much thought before jumping to post, no doubt in the belief that I'm on that list and you seized the opportunity to display your righteousness.
I was trying to clarify a point of a relatively new legislation, while you were trying to ... as I said :)

The EU GDPR is exactly what is says: a EU legislation intended to protect the private data. Therefore, it can't be that Spain, or any other EU country, has flexibility in applying it.
Agreeing with the point that a list of debtors is needed, for whatever reason, I suggest the names should have been left out from the circulated list.

Pulaski Mar 28th 2019 1:41 pm

Re: Trivial matter?
 
Sounds more like "partners in a partnership/ company" to me - so all partners get to see the financial info. :unsure:

Pollyana Mar 28th 2019 1:50 pm

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662170)
I'm not sure you gave much thought before jumping to post, no doubt in the belief that I'm on that list and you seized the opportunity to display your righteousness.
I was trying to clarify a point of a relatively new legislation, while you were trying to ... as I said :)

The EU GDPR is exactly what is says: a EU legislation intended to protect the private data. Therefore, it can't be that Spain, or any other EU country, has flexibility in applying it.
Agreeing with the point that a list of debtors is needed, for whatever reason, I suggest the names should have been left out from the circulated list.

I didn't see anyone "accusing" you of being a debtor. It was just a comment about it being allowed under Spanish law, sounds more factual than righteous to me

spouse of scouse Mar 28th 2019 2:01 pm

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662130)
I recently received by email an invitation to the annual meeting of the community I have a property in.
With it there was a list of debtors, i.e. people behind with their community fees. This list contained the house number, the full name and the debt amount.
I'm thinking that this info, circulated to almost 200 people is in breach of EU GDPR (general data protection regulations).
I raised the point with the management company, but their response was "In Spanish law it is allowed to send the debtors list to all owners who are of course equal owners in the community and entitled to know who owes them money, ie fees."
I'm not sure I agree. What do you think?

I can't comment on the legal aspect. But if the management company is being paid to collect and chase outstanding fees, rather than the owners themselves, then I can't see the need for publishing such extensive information. Sure, tell owners the figures for outstanding fees, keep them up to date on what they (the management company) are doing to collect outstanding fees, but why give information that identifies individuals? What are the owners supposed to do with that information? Bang on doors and demand the fees be paid? It's a management company, they should be managing!

snikpoh Mar 28th 2019 2:50 pm

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662170)
I'm not sure you gave much thought before jumping to post, no doubt in the belief that I'm on that list and you seized the opportunity to display your righteousness.
I was trying to clarify a point of a relatively new legislation, while you were trying to ... as I said :)

The EU GDPR is exactly what is says: a EU legislation intended to protect the private data. Therefore, it can't be that Spain, or any other EU country, has flexibility in applying it.
Agreeing with the point that a list of debtors is needed, for whatever reason, I suggest the names should have been left out from the circulated list.

I didn't for one second suggest or imply that you were one of the debtors.

I just explained that things are different in Spain - they treat debtors very, very differently

Loafing Along Mar 28th 2019 2:52 pm

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662130)
I recently received by email an invitation to the annual meeting of the community I have a property in.
With it there was a list of debtors, i.e. people behind with their community fees. This list contained the house number, the full name and the debt amount.
I'm thinking that this info, circulated to almost 200 people is in breach of EU GDPR (general data protection regulations).
I raised the point with the management company, but their response was "In Spanish law it is allowed to send the debtors list to all owners who are of course equal owners in the community and entitled to know who owes them money, ie fees."
I'm not sure I agree. What do you think?

You are quite right and publishing names , without permission, is against the Spanish Data Protection Act as in any other EU country but only if the information is available to third parties . Other members of the Community are interested parties and quite entitled to know . Having said that now the normal practice is to publish only the address ( apartment Nº ) thereby avoiding direct conflict with Personal data protection.

minouette Mar 28th 2019 3:09 pm

Re: Trivial matter?
 

Originally Posted by Loafing Along (Post 12662318)
You are quite right and publishing names , without permission, is against the Spanish Data Protection Act as in any other EU country but only if the information is available to third parties . Other members of the Community are interested parties and quite entitled to know . Having said that now the normal practice is to publish only the address ( apartment Nº ) thereby avoiding direct conflict with Personal data protection.

Thank you, that's exactly what I thought. An email such as the one sent, can get to anyone. Don't take me wrong: exactly as the Aussie lady said, what am I supposed to do with the information that Mr X at house Y owes whatever? I'm paying a nicely sum to this management company to, among other things, collect the fees.
As I'm on sabbatical and getting bored, I don't intend to let the matter die :) Especially as the management company, just like snikpoh, jump the gun before considering the issue, displaying total arrogance.
I will raise the point at the AGM, see what the others say. Anyone knows how I could report them? I told you I'm bored :)

snikpoh Mar 28th 2019 4:46 pm

Re: Trivial matter?
 

Originally Posted by minouette (Post 12662338)
Thank you, that's exactly what I thought. An email such as the one sent, can get to anyone. Don't take me wrong: exactly as the Aussie lady said, what am I supposed to do with the information that Mr X at house Y owes whatever? I'm paying a nicely sum to this management company to, among other things, collect the fees.
As I'm on sabbatical and getting bored, I don't intend to let the matter die :) Especially as the management company, just like snikpoh, jump the gun before considering the issue, displaying total arrogance.
I will raise the point at the AGM, see what the others say. Anyone knows how I could report them? I told you I'm bored :)

Again - I showed NO ARROGANCE. and I certainly didn't just "jump in" (I posted 35 minutes after you) I told you what the rules are with regard to debtors in Spain.

There are so many people that simply don't pay their community fees - it's a big problem. Spain deals with debtors differently,.

Please don't keep going on.

Pollyana Mar 28th 2019 6:09 pm

Re: Trivial matter?
 

Originally Posted by snikpoh (Post 12662416)
Again - I showed NO ARROGANCE. and I certainly didn't just "jump in" (I posted 35 minutes after you) I told you what the rules are with regard to debtors in Spain.

There are so many people that simply don't pay their community fees - it's a big problem. Spain deals with debtors differently,.

Please don't keep going on.

As I, a non-Aussie lady - pointed out above, you merely quoted facts, didn't accuse anyone of anything! :thumbup:

Loafing Along Mar 28th 2019 6:46 pm

Re: Trivial matter?
 

Originally Posted by snikpoh (Post 12662416)
Again - I showed NO ARROGANCE. and I certainly didn't just "jump in" (I posted 35 minutes after you) I told you what the rules are with regard to debtors in Spain.

There are so many people that simply don't pay their community fees - it's a big problem. Spain deals with debtors differently,.

Please don't keep going on.

Our Community found a great UK lawyer that specialised in pursuing unpaid fees from UK citizens who only visited for a short while in the summer. That really upset a lot of people but did great work for the Community bank balance


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