Right to request a detailed extract from the debt collection register

Facts

H. requested the debt collection office of Olten-Gösgen to provide a detailed extract from the debt collection register of cooperative X., with precise indication of the names and addresses of the creditors, the amounts of the claims, and the status of any debt collection proceedings. The debt collection office granted the request, but refused to disclose the names and addresses of the creditors. The Debt Collection and Bankruptcy Chamber ordered the debt collection office to provide the information requested by the applicant.

Considerations

According to Art. 8 para. 2 DEBA, any person with a legitimate interest may inspect the registers kept by the debt collection and bankruptcy offices and obtain extracts from them. It is undisputed that the applicant, as a contractual partner of the debtor, has an interest in inspecting the registers (cf. ATF 99 III 44). The only question is to what extent the right of inspection and the right to obtain extracts extend.

In principle, the law does not distinguish between these two forms of information disclosure. The right to obtain an extract therefore generally extends as far as the right of inspection. Limits should only be set if the preparation of an extract would impose an unreasonable burden on the debt collection office, entitling it to refer the applicant to a personal inspection. However, this is not the case here, where there are only six…