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Stichting Bureau Krediet Registratie – Court Ruling (Netherlands, 2022)

Court Ruling
DPA RbGelderland11 April 2022Netherlands
final
Court Ruling

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A Dutch court ruled that Stichting Bureau Krediet Registratie must remove a disputed credit code from a person's record. The court found that the code negatively affected the person's creditworthiness. This decision reinforces the rights of individuals to challenge inaccurate credit information.

What happened

The court ordered the removal of a special code indicating a dispute over credit information.

Who was affected

A person whose credit record contained disputed codes affecting their creditworthiness.

What the authority found

The court determined that the registration of the disputed code was unlawful and must be erased under GDPR rules.

Why this matters

This ruling underscores the importance of accurate credit reporting and individuals' rights to contest information that may harm their financial standing. Companies managing credit data should ensure compliance with data protection laws.

Recorded legal citations
Automatically processed
Art. 5 GDPR
Art. 14 GDPR
Art. 5(1)(a) GDPR
Art. 17(1)(d) GDPR
View original scraped data
Art. 5(GDPR)
Art. 5(1)(a) GDPR
Art. 14(GDPR)
Art. 17(1)(d) GDPR

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

Decision AuthorityRb. Gelderland

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Automated check recorded — 21 March 2026.

Processing notes: articles corrected, authority corrected.

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Full Legal Summary
Detailed

The controller is Stichting Bureau Krediet Registratie (BKR), which manages the credit information register (CKI). This register provides an overview of the creditworthiness of people since credit providers (banks etc.) can register (severe) debts of individuals. There were three registrations related to the data subject in the CKI, with special codes that indicated that there had been several payment arrears. In 2021, the data subject requested the BKR to have these registrations and/or these special codes erased, but the controller refused. The data subject then brought the issue before Court, which granted his claim and ordered BKR to erase the codes. The controller then appealed this decision. After some initial hesitations, the controller removed the codes from the registrations, but added a new code “9 Dispute”. The data subject then requested the controller to remove this new code because he claimed that it also negatively affected his creditworthiness (even more than with the previous codes), but the controller refused and explained that this code had been added to explain that the removal of the special codes is still disputed in court (namely: the appeal). After the data subject was refused credit from a credit provider because of this new special code, he brought the issue before court to have this code “9 Dispute” erased pursuant to Article 17(1)(d) GDPR, and to keep having this code erased. The Court decided that the registration was unlawful and ordered the controller to remove the special code “9 Dispute” from the registration pursuant to Article 17(1)(d) GDPR. First, it considered that the data subject did not explain what the legal basis was to have the actual registrations removed (rather than only the special codes that are linked to the registrations), or why this should follow from the circumstances of the case. Hence, it rejected the claim to have the actual registrations removed. Second, it considered that the claim to have the special co

Outcome

Court Ruling

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

Details

Ruling Date

11 April 2022

Authority

DPA RbGelderland

About this data

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

Cite as: Cookie Fines. Stichting Bureau Krediet Registratie - Netherlands (2022). Retrieved from cookiefines.eu

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