A/HRC/43/45 supporting or enabling technology for banking and financial and the means to collect debts do not violate borrowers’ human rights; services (c) Ensure that bankruptcy laws are in place to protect debtors and are in line with human rights standards; (d) Establish a minimum and non-seizable basic wealth and income (including wages and all kinds of social benefits) cap by law; (e) Facilitate and/or grant debt relief to individual debtors when an adequate tool to protect their human rights is not available; (f) Regulate the practices of lenders to ensure that the human rights of debtors are fully respected by putting in place an interest rate cap on individual/household debt and adopting legislation preventing and sanctioning predatory and abusive lending practices, and consider establishing an agency in charge of monitoring their operations; (g) Regulate advertising of private credit, ensuring that both conditions and risks are clearly detailed and explained to potential applicants; (h) Ensure that bankruptcy legislation subordinates to all other credits, if not declared void, reckless and abusive credits the lenders of which did not take into due consideration the repayment capacity of debtors and their human rights; (i) Ensure that legislation prohibits the enforcement of debts where there is evidence of misrepresentation, fraud, mis-selling, coercion, unfair terms, harassment or other abusive practices by lenders or debt collection agencies; (j) Ensure that individual debtors can receive financial legal counselling from the State, and that free legal service in court is provided; (k) Prohibit the criminalization of debtors, ensuring, for example, that their political rights cannot in any way be limited because of their debt status; (l) Ensure that financial regulators, borrowers and their organizations have access to relevant and timely information on the profit rates of lenders, an important element to assess the legitimacy of interest rates and non-interest items charged to borrowers; (m) Investigate reports and cases of illegal overcharging, unpaid wages, wage deduction and document confiscation, hold actors responsible in the event of illegal fees being charged to foreign workers when recruited; make the results of investigations public; and ensure that affected migrant workers and their families have access to justice and remedies; (n) Ratify the ILO Private Employment Agencies Convention, 1997 (No. 181); (o) Improve databases and conduct qualitative and quantitative studies to assess the status of individual private debt, current lending and collection practices, and create specific indicators to follow up on the burden of debt on rights; (p) Consider adopting a comprehensive data protection framework to ensure borrowers the full enjoyment of their right to privacy, both online and offline; (q) Consider adopting a national action plan on business and human rights, and pay particular attention to the financial sector and lending businesses of all kinds and scale. 89. The Independent Expert recommends that: (a) Recruiting agencies fully inform prospective migrants of the breakdown of all fees payable, such as the cost of training, agency fees, travel, working documents and accommodation; (b) Digital lending businesses clearly inform debtors about data collected and what they will be used for. 90. The Independent Expert recommends that private lenders: 19

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