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18 April 2008
The Administrative Court of Appeal recently ruled that the publication of a bankruptcy estate inventory on the Internet constituted a violation of the Personal Data Act, which has been in force since 1998. The court ruled that the interest of the bankruptcy receiver in fulfilling its duties must remain secondary to individuals’ privacy.
A public complaint was made to the Data Inspection Board - a public authority tasked with protecting individual privacy in the information age - which was notified that the bankruptcy estate inventory of the bankrupt credit market company Custodia AB had been made available on the bankruptcy receiver’s home page. The board instigated an inspection and asked the bankruptcy receiver for a report. The bankruptcy receiver stated that the bankruptcy had caused significant public interest and that over 1,600 creditors were affected. It published the inventory and its appendices on the Internet in order to fulfil its duties as a bankruptcy receiver expediently. Furthermore, according to the Bankruptcy Act, a bankruptcy receiver must provide information on creditors and their claims to anyone asking for such information, notwithstanding the fact that the information was classified before the bankruptcy. The board decided that the publication of personal data conflicted with the Personal Data Act.
The bankruptcy receiver’s appeal was rejected by the County Administrative Court and the Administrative Court of Appeal, which found that, when balancing the interest of the bankruptcy receiver in fulfilling its duties expediently with the interest of individuals’ privacy, the latter must prevail.
For further information on this topic please contact Margareta Andersson or Jörgen Wistrand at Wistrand Advokatbyrå by telephone (+46 31 771 21 00) or by fax (+46 31 771 21 50) or by email (firstname.lastname@example.org or email@example.com).
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