ING – Court Ruling (Netherlands, 2023)

Court Ruling
DPA RbAmsterdam31 May 2023Netherlands
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 court in the Netherlands ruled that ING bank could keep a record of a customer's payment behavior despite the customer's request to delete it. The court decided that ING had a valid reason to maintain this information to protect itself and other lenders. This ruling shows that banks can hold onto certain data to ensure responsible lending practices.

What happened

The court ruled that ING could maintain a customer's payment behavior records in the Central Credit Information System.

Who was affected

The customer whose payment behavior records were contested.

What the authority found

The court held that ING had a legitimate interest in keeping the records, which outweighed the customer's request for deletion.

Why this matters

This ruling illustrates that financial institutions can retain certain personal data to protect themselves and promote responsible lending. It reminds customers that their financial history can impact their ability to secure loans.

GDPR Articles Cited

AI-verified

Art. 17(GDPR)
Art. 21(1) GDPR
View original scraped data
Art. 17(GDPR)
Art. 21(1) GDPR

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Article 35(2) UAVG
Article 4:32 WFT
Decision AuthorityRb. Amsterdam
Source verified 21 March 2026
articles corrected
Full Legal Summary
Detailed

In 2018, the data subject secured a loan from ING bank (the controller). Following this, several unauthorized activities occurred on his checking account, and the controller subsequently placed registrations with respect to the data subject in the Dutch Central Credit Information System (CKI). These registrations contained payment behaviour data, among other things the fact that for a certain period, the data subject was unable to fulfill their payment obligations set out with the controller. The data subject objected the CKI registrations on the basis of Article 21 GDPR, explaining that it had an impact on a loan he was taking out for a new house. The controller denied the request and further considered it as inadmissible under national provisions. The court dismissed ING's plea for inadmissibility under national provisions. The court then clarified that under national law, credit providers are mandated to process personal data and participate in the Central Credit Information System. The aim of the provision is twofold: firstly, it seeks to protect consumers from over-indebtedness and secondly, shield creditors from non-paying borrowers. The court added that the rejection of a request for data deletion under Article 21 GDPR needs to be justified by a compelling legitimate interest, subject to the principles of proportionality and subsidiarity. Legitimate interest must be assessed on the basis of currently known facts and circumstances of the case, including those after the CKI registration. The court pointed out that the data subject had inconsistent debt repayment patterns but fully cleared his debt in 2023 (i.e. after the CKI registration). In the balance of interest, the court considered that the controller's interest in maintaining the registration outweighed the data subject's interest in their removal. Consequently, the court dismissed the appeal.

Outcome

Court Ruling

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

Details

Ruling Date

31 May 2023

Authority

DPA RbAmsterdam

About this data

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

Cite as: Cookie Fines. ING - Netherlands (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: