ING Bank N.V. – Court Ruling (Netherlands, 2020)

Court Ruling
DPA RbDenHaag8 September 2020Netherlands
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A Dutch court ruled that ING Bank must allow a person to challenge the processing of their personal data, but ultimately upheld the bank's decision to keep their credit registration. This case matters because it clarifies how individuals can object to data processing.

What happened

The court ruled on a case where a person wanted ING Bank to erase their credit registration after paying off debts.

Who was affected

The individual with a complicated credit history who sought to have their credit registration removed was affected.

What the authority found

The court agreed that the person had the right to object to their data processing, but upheld the bank's decision based on necessity and proportionality.

Why this matters

This case illustrates the balance between individual rights and the necessity of data protection. Companies should be aware of how to handle objections to data processing while ensuring compliance with legal obligations.

GDPR Articles Cited
Automatically processed
Art. 6(1)(c) GDPR
Art. 6(1)(f) GDPR
Art. 21(1) GDPR
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Art. 6(1)(f) GDPR
Art. 6(1)(c) GDPR
Art. 21(1) GDPR

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

National Law Articles
AI-identified
Wet op het financieel toezicht
Decision AuthorityGHDHA
Reviewed AuthorityRb. Den Haag (Netherlands)

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Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

The appellant has a complicated credit history with the ING bank, which resulted in debts and outstanding payments. At some point her name was added to the Central Credit Information System of the Dutch Credit Registration Office. In 2017 the appellant paid all her debts, but the registration with the Credit Registration Office is to remain for the period of 5 years until 2022. In 2019 the appellant submitted the request for erasure which was rejected by ING. Subsequent Judgement of the Court of First Instance upheld this decision, which is now being contested by the appellant. The appellant requests the Court, among others, to order ING to remove the registration with the Credit Registration Office, limit its duration period or remove the registration temporarily until she gets another loan. The appellant claims that the necessity and proportionality balance assessment done by the Court of First Instance was wrong: for example, she can not get the mortgage she needs to improve her life. Her objection to processing follows from Article 21(1) GDPR. ING argues that Article 21(1) GDPR cannot be relied on in this case because it applies only to personal data processed under legitimate interest or public interest, but not under a legal obligation which is the case here. The Court agreed with the appellant: legal basis of the processing of her personal data by ING is legitimate interest and not the legal obligation under the Dutch Financial Supervision Act (Wet op het financieel toezicht). This means, that she has the right to object to her personal data processing based on Article 21(1). However, the Court rejects the appeal as such because the principles of necessity and proportionality are respected in this case. The appellant could not demonstrate that maintaining the registration would disproportionately affect her. The fact that she is financial reliable (even though challenged by ING) does not mean that she does not need protection from excessive loans. The m

Outcome

Court Ruling

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

Details

Ruling Date

8 September 2020

Authority

DPA RbDenHaag

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Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. ING Bank N.V. - Netherlands (2020). Retrieved from cookiefines.eu

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