Right to be forgotten in insolvency proceedings. Ombudsperson makes recommendation to Minister of Justice to ensure protection of personal data

The Ombudsperson has recommended that the Minister of Justice ensure that the Institute for Financial Management and Justice Equipment (IGFEJ) adopts appropriate practices in the face of requests to hide personal data in insolvency proceedings.

The law stipulates that access by third parties to data from insolvency proceedings available on the Citius Portal ceases when the proceedings are archived and have already been used for statistical purposes. The aim of this system is to enable, under certain conditions, the economic and social reintegration of people affected by insolvency proceedings.

Since the IGFEJ is responsible for managing the Citius Portal, it is to this Institute that several citizens have been sending requests to hide their personal data. The complaints received by the Ombudsman’s Office since 2022 show that, in addition to not always clarifying that it is not the competent authority to make the decision, the IGFEJ has been spreading an incorrect interpretation of the law regarding the terms of public access to this data.

In her recommendation, the Ombudsperson requests that the IGFEJ stop claiming that it is obliged to publish data for 10 years, as this period has no legal basis.

It is also requested that, when receiving such requests for data removal, the IGFEJ clarify that it is not competent to decide on the matter, and that it forward them to the responsible entities.

These practices are essential to the realisation of the right to informational self-determination and the right to be forgotten, helping the citizens concerned to resume their economic and social lives in line with the objectives of exonerating them from remaining liabilities.

To read the full Recommendation click here [in Portuguese only].