Enforcing jurisdiction
Netherlands · Geography does not establish applicable law.
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ING Bank N.V. – Court Ruling (Netherlands, 2019)

Court Ruling
DPA RbAmsterdam5 November 2019Netherlands
final
Court Ruling

Privacy enforcement record

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A Dutch court ruled that ING Bank N.V. did not respond to a customer's request to remove their data from a credit registration. This matters because it highlights the importance of banks responding to customer data requests. The court stated that the customer should submit a new request under GDPR rules.

What happened

ING Bank N.V. failed to respond to a customer's request to remove their data from the BKR registration.

Who was affected

The customer who requested the removal of their data from the BKR registration was affected.

What the authority found

The court decided that the customer's request was not urgent enough for interim measures, and they should submit a new request instead.

Why this matters

This ruling emphasizes that customers can make data removal requests multiple times. Companies should ensure they have clear processes to handle such requests.

Recorded legal citations
Automatically processed
Art. 21 GDPR
View original scraped data
Art. 21(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityGHAMS
Reviewed AuthorityRb. Amsterdam (Netherlands)

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Processing notes: national law identified.

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Full Legal Summary
Detailed

The complainant asked his bank (ING Bank N.V.) to remove his data from the BKR registration (office for credit) under Article 21 GDPR. The bank did not answer to the request. The data subject brought a complaint before the Court of First Instance. The Court of First Instance found the complaint inadmissible and the complainant appealed the decision. The Amsterdam Court of Appeal considered that a request under Article 21 GDPR can be made at any time and several times. It also found that a provisional measure can be granted under Article 21 GDPR if an urgent action is needed. However, in the present case, the Court stated that the applicant did not prove the urgent interest for the interim measures. Thus, the measures could not be granted and the dedicated claim was rejected as inadmissible. The Court found that the applicant should have submitted a new request under Article 21 GDPR.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

5 November 2019

Authority

DPA RbAmsterdam

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. ING Bank N.V. - Netherlands (2019). Retrieved from cookiefines.eu

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