A/HRC/43/45
(a)
Ensure that the private information of debtors is kept confidential and not
shared for any other purpose than the lending transaction, including within the
company and with sister companies;
(b)
Assess the extraterritorial impact of digital lending operations, in
accordance with their due diligence obligation, before developing lending platforms;
(c)
Closely monitor lending and collection operations to prevent, identify and
address abusive practices, in accordance with the responsibility of businesses to respect
human rights;
(d)
Ensure that debt collectors never resort to abusive collection practices,
such as harassment of debtors, under any circumstances;
(e)
Ensure that they are selling appropriate loan products to borrowers, in
compliance with their due diligence human rights obligations.
91.
The Independent Expert recommends that national human rights institutions, in
the context of their mandates, pay particular attention to the impact of private debt,
including overindebtedness and abusive practices, on the enjoyment of human rights,
including by conducting studies on the impact of private debt on human rights.
92.
The Independent Expert recommends that international financial institutions:
(a)
Systematically conduct human rights impact assessments of prescribed
economic reforms policies, in accordance with the guiding principles on human rights
impact assessments of economic reforms (see A/HRC/40/57), paying specific attention
to the impact of fiscal consolidation and privatization on social services and potential
cost retransfer to the population, in particular in terms of household indebtedness;
(b)
Pay particular attention to the impact on human rights of microcredit and
other lending initiatives supported by international financial institutions.
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