View source for NSA (Poland) - III OSK 4763/21

=== Holding ===
The NSA agreed with the UODO that in this situation, the fund's legitimate interest justified the processing of the personal data even against the data subject's consent, and that the same rules applied to the entity that repurchased the debt as those who apply to the the original creditor. Similarly, the NSA held that the data processing was not hindered by the disputed nature of the debt, which would be a matter that the civil courts are competent to decide on.

With regards to data minimisation, the NSA indicated that although the original erasure request addressed to the UODO was broad, and concerned the removal of all the data subject's personal data, the UODO could have taken into account the request to a lesser extent, and assessed the specific complaint regarding the phone calls received by the data subject. Thus, the NSA held that the Voivodship Administrative Court incorrectly treated the alleged of breach of the principle of data minimisation as being outside UODO's scope in this complaint.

Based on this consideration, the NSA held that the UODO should revisit their original opinion, and issue a decision as to whether a phone number is necessary personal data processing for the purposes of debt collection.