Posting the names of defaulting owners on the notice board: what privacy law says

Posting condominium defaulters, that is displaying on the notice board the names of those who have not paid their charges, is a still common but prohibited practice. The Italian Data Protection Authority (Garante) and the Court of Cassation have made clear that publishing the list of owners in arrears in a shared space is an unlawful disclosure of personal data, with financial consequences for whoever does it. Here is why, and what the administrator can do instead.

Why posting condominium defaulters is prohibited

The condominium notice board is a space accessible also to third parties outside the building, such as visitors, couriers and passers-by. Displaying names and amounts owed there means disclosing personal data to people who have no right to know them. The Data Protection Authority, in its 2013 guidelines on condominiums, established that the notice board is for general notices, not for personal communications concerning individual owners.

What the Data Protection Authority says

The Authority is clear: the administrator may in no case publish on the notice board the data and identity of owners in arrears, nor communicate to third parties the amount of another participant's debt. Arrears are information concerning a person's financial sphere and must be handled only within the internal relations of the condominium, with the safeguards set out in data protection law.

What the Court of Cassation ruled

The Court of Cassation, in order no. 29323 of 2022, reaffirmed the prohibition on posting on the notice board even the notice convening the meeting if it indicates the owner who is not up to date with payments. Case law qualifies posting the list of defaulters as an unlawful disclosure of data under the GDPR, with an award of non-pecuniary damages to the person exposed.

The principle is consistent with the general approach of the law: disclosure, that is communicating data to an indeterminate audience, is the most invasive form of processing and must be justified by a precise legal basis, which in the case of condominium arrears does not exist. It is also irrelevant that the information is true: the truthfulness of the debt does not make its display to the public lawful.

The risks for the administrator

Whoever posts the names of defaulters is exposed to a claim for damages by the harmed owner, in addition to possible sanctions for unlawful data processing. Non-pecuniary damage can be recognised even without proof of financial loss, for the mere breach of privacy. The administrator answers personally as controller or processor of the condominium's data.

How to communicate arrears correctly

Information on defaulters must be communicated only to those entitled and through the correct channels. At the meeting the payment situation can be discussed, because owners have an interest in knowing the state of the management, but it remains a context reserved for participants. Communications to the individual debtor must be addressed to that person privately, not displayed to the public.

It is worth recalling that the condominium's creditors, for example suppliers left unpaid, have by law the right to know the details of the owners in arrears in order to act against them before turning to those who are up to date. Even here, however, the communication takes place on request and towards a qualified party, not through display to the public: the difference between a targeted communication to someone entitled and an indiscriminate disclosure is exactly what separates the lawful from the unlawful.

• Do not post names, amounts or personal notices about defaulters on the board.
• Handle arrears only within the internal sphere of the condominium.
• Discuss the payment situation at the meeting, among participants only.
• Send reminders to the individual debtor in personal form.
• Keep the data with adequate measures as data controller.

Debt recovery while respecting privacy

To recover the sums owed the administrator has lawful and effective tools: a written reminder to the individual owner, a formal notice of default and, in the cases provided for, an injunction order (decreto ingiuntivo), which the administrator can obtain on the basis of the approved allocation statement. These routes respect privacy and, unlike posting, produce concrete legal effects for the condominium.

It is worth recalling that the administrator is required to act to recover arrears within six months of the close of the financial year in which the claim became due, unless the meeting decides otherwise. Judicial tools, if used promptly, are therefore not only lawful but also required, whereas posting on the notice board is not only prohibited but wholly useless for the purpose, because it neither interrupts the limitation period nor provides a title to act.

Managing it with software

Condominium management software lets you track arrears without exposing data: the payment status stays accessible only to the administrator and, for their own position, to the individual owner in their private area. AmministraPro keeps the state of receivables in a protected area, with personal reminders and documents useful for recovery, without ever publishing names in shared spaces. You can see how it works on the features page or compare the plans in the pricing section.