Recital (22)

In order to respect the right to the protection of personal data and the right to privacy, direct and immediate access to bank account registers should be granted to courts or to administrative authorities that are designated by the Member States for that purpose. Insolvency practitioners should therefore be allowed to access information held in those bank account registers indirectly, by requesting the designated courts or administrative authorities in the Member State where they were appointed to access the registers and perform the searches. Member States should be able to designate the same courts or administrative authorities for the purpose of accessing bank account registers both domestically and cross-border through the bank account registers interconnection system referred to in Directive (EU) 2024/1640 of the European Parliament and of the Council (BARIS). Member States should be also able to provide that the conditions for access to and searches of bank account information should be verified by courts or authorities other than the courts or authorities designated under this Directive. Access to information should be granted only on a case-by-case basis, where relevant to specific insolvency proceedings for the purpose of identifying and tracing assets belonging to the insolvency estate, as well as assets subject to avoidance actions. However, as this Directive lays down minimum rules, Member States can adopt or maintain rules that provide for direct access and searches by insolvency practitioners in their national bank account registers and electronic data retrieval systems. In cases where insolvency practitioners have direct access and can carry out direct searches, Member States are not required to designate courts or authorities for the purpose of accessing and searching their national bank account registers or electronic data retrieval systems, but remain under the obligation to designate courts or authorities for access and searches through BARIS.