Efectos del uso indebido de datos personales en la gestión extrajudicial de cobranza.

Abstract

The improper use of personal data in extrajudicial collection management violates the right to privacy, generating a conflict between debt recovery and the protection of debtors' rights. Companies, when implementing data analysis technologies to optimize debt collection, may engage in invasive practices, such as frequent calls, messages at inopportune times or digital tracking, which affects the privacy of individuals. This scenario raises ethical and legal dilemmas about the proportion of the measures adopted, and to what extent the use of this data is justified without affecting the debtor's privacy. his paper aims to address how the misuse of personal data violates the right to privacy in the collection management of companies, as it has become fundamental in the current context, marked by digitization and the expansion of information technologies. While these tools enable organizations to improve their debt recovery processes, they also raise significant privacy concerns for individuals. This study examines how collection management practices impact debtors' right to privacy, addressing issues such as the collection and storage of personal data, the use of advanced technologies to locate debtors, and communication through various channels that can be invasive.