Text file: 8893.txt
author: verso verso
downvotes: 6
end consideration date: 2018-01-24
id: '8893'
number comments: 2
number views: 3066
proposal type: Competent authority response
response: "Response from the Ministry of Finance\n\nWith regard to the proposal, we\
  \ would like to provide you below with clarifications from the Ministry of Finance,\
  \ in particular with regard to the regulation of the retrieval of data on transaction\
  \ accounts from the register of transaction accounts, in accordance with the provisions\
  \ of the Act on Payment Services, Electronic Money Issuing Services, etc. (\"ZPlaSSIED\"\
  ), which will enter into force on 22 February 2018 and which will replace the Act\
  \ on Payment Services and Systems (the \"Act on Payment Services and Systems\").\
  \ Chapter 11 of the ZPlaSSIED regulates the register of transaction accounts, which\
  \ is a single computerised database of transaction accounts of transaction account\
  \ holders. The Register of Transaction Accounts (RTR) is maintained by the Agency\
  \ of the Republic of Slovenia for Public Administration Records and Services (hereinafter:\
  \ AJPES).\n\n\n persons who, on the basis of a final enforcement order, are entitled\
  \ to propose enforcement or security proceedings against the holder of a transaction\
  \ account in accordance with the law regulating enforcement and security or with\
  \ another law providing for the procedure of enforcement of claims, courts and other\
  \ authorities performing actions in enforcement proceedings or other proceedings\
  \ conducted within their jurisdiction, and payment service providers referred to\
  \ in Article 20(1)(1), (7) and (8)(1) of the ZPlaSSIED for the purpose of enforcement\
  \ of enforcement orders.\nPersonal data on the transaction accounts of natural persons\
  \ processed in the register of transaction accounts may also be obtained by the\
  \ holder of the transaction account and by other persons for whom a special law\
  \ so provides (Article 194(4) ZPlaSSIED).\nA request for obtaining data from the\
  \ register of transaction accounts shall be submitted in writing (the request shall\
  \ be sent by post to any branch of AJPES) or electronically (via the AJPES web portal).\
  \ However, for the provision of data from the register of transaction accounts,\
  \ AJPES shall charge the applicant costs in accordance with the tariff, unless this\
  \ or a special law provides that the individual applicant is entitled to obtain\
  \ the data free of charge.\n \nResponse from the Ministry of Justice\nWith regard\
  \ to the citizen's suggestion, we would like to clarify that under the current regime\
  \ in the Law on Enforcement and Insurance (ZIZ), the above-mentioned data, as well\
  \ as other data on the debtor and his/her assets, are obliged to be provided to\
  \ the creditor by state authorities, holders of public powers, other legal entities\
  \ and sole proprietors who are in possession of such data. Such communication shall\
  \ be conditional upon the creditor's request and the creditor's showing of a legal\
  \ interest. The creditor shall show the legal interest by means of a document constituting\
  \ the instrument permitting enforcement on the basis of which enforcement may be\
  \ sought under this Act. The information referred to above shall not be provided\
  \ free of charge (Article 4 of the LIA).\nThe creditor's position with regard to\
  \ obtaining the debtor's data is also facilitated by the arrangement under which,\
  \ where the creditor seeks enforcement over certain assets of the debtor, namely\
  \ assets held with payment institutions (generally accounts with a bank), the on\
  \ book-entry securities or on wages, the debtor is not obliged to indicate in the\
  \ application for enforcement the details of the payment organisation with which\
  \ the debtor holds funds and the account number, the details of the book-entry securities\
  \ held by the debtor or the debtor's employment. In this case, the court shall,\
  \ before issuing an order, make enquiries of its own motion in the electronically\
  \ accessible records (Articles 40 and 41 of the CPL).\nFinally, the Act on Amendments\
  \ and Additions to the Act on Enforcement and Security in ... added a new possibility\
  \ for the creditor to request the court to provide (free of charge) in the course\
  \ of enforcement proceedings an information list of the debtor's assets, which contains\
  \ information on the debtor's assets from the records electronically accessible\
  \ to the court. At present, information on the payers of salaries and other remuneration\
  \ and the names of payment organisations and their account numbers can be obtained\
  \ in this way, but with the provision of the technical conditions, it will also\
  \ be possible to obtain other information on the debtor's assets, as set out in\
  \ Article 31(13) of the ZIZ.\nIn the light of the above, we consider that the citizen's\
  \ proposal is already adequately integrated into the current legal framework.\n "
response date: 2018-08-21
response due date: null
sent date: 2018-01-03
title: free debtor information
upvotes: 12
url: https://predlagam.vladi.si/predlog/8893
