The Ministry of Digital Transformation expressed its position on the alleged distribution of private information regarding enforcement proceedings with the help of the Diya application in a commentary to the Sudebno-Yuridicheskaya Gazeta newspaper.
Recall that the Association of Private Performers represented by Deputy Head Alexander Sivokozov on March 26 announced the digital problems that performers face in their work. As a problem, he named the unsatisfactory operation of the Automated Enforcement Proceedings (ASIP) and stated that the Association asked the Ministry of Justice and the State Enterprise "National Information Systems" to provide it with an API so that it would develop its own software product through the application interface, which would allow to optimize enforcement processes .
The second problem, in his opinion, is the access of all comers to the materials of enforcement proceedings. “Through“ Diyu ”you can get access to the materials of enforcement proceedings, which contain a lot of confidential information. As of today, the debtor can uncontrollably monitor the movement of enforcement proceedings around the clock. The system does not inform the executor that the debtor has reviewed certain documents. Such a gap allows the debtor to be proactive and avoid paying the debt. The access identifier is contained in the decree on the opening of enforcement proceedings. And in fact, anyone who has seen this decree gets access to the enforcement proceedings. We believe that it is necessary at the legislative level to adjust the process of verification of persons who gain access to enforcement proceedings through "Diya", - said Alexander Sivokozov.
The Ministry of Tsifra commented on these remarks of private performers to the "Diya" supplement to the "Judicial-Yuridicheskaya Gazeta" newspaper.“Firstly, within the framework of the“ Diya ”mobile service, the user can see his own, and only his production.
This is guaranteed by the specification of the API interaction with the ASIP registry. Even if the user's mobile application is hacked, you will not be able to use it in any way to obtain someone else's data.Secondly, even if someone sees the access identifier to the enforcement proceedings, it should be understood that the ASIP information is not private, it is available from many sources, for example, directly on the website or in the form of an archive.
Thirdly, with regard to "informing" the debtor, firstly, the task of feedback was not set, we are an information system, not a service for tracking the progress of accounts receivable. Secondly, I don’t know how this could negatively affect debt collection, on the contrary, many people did not know that they had debts, and when they found out, they hurried to pay them off, ”the head of IT said in a commentary on the Judicial-Legal Gazette -companies of the Ministry of Digital Transformation "Diya" Company Evgeny Gorbachev.Note that private executors also name among the problems the need to form folders containing all materials of enforcement proceedings in paper form, delay in launching the Register of Executive Documents (if ESITS and EDRVD work, then all persons who will be registered in the system will receive materials of enforcement proceedings will be sent to their personal accounts without requiring paper ones), the absence of an automated office work system with its connection to the relevant state systems.
Source:https://sud.ua