- Enforcing jurisdiction
- Netherlands · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
ING – Court Ruling (Netherlands, 2023)
Privacy enforcement record
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A Dutch court ruled that ING could keep a record of a person's payment behavior in a credit information system. The court found that ING's interest in maintaining this record was stronger than the person's request to have it removed. This decision highlights the balance between protecting consumers and the rights of financial institutions.
What happened
ING maintained a record of a person's payment behavior in the Dutch Central Credit Information System despite the person's request for deletion.
Who was affected
A person who had taken out a loan from ING and was affected by the payment behavior record.
What the authority found
The court decided that ING had a valid reason to keep the record, as it was necessary for protecting creditors and assessing the person's financial behavior.
Why this matters
This ruling shows that courts may prioritize the interests of financial institutions over individual requests for data deletion. Companies should ensure their data retention practices align with legal requirements and consider the implications for users.
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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.
Related Cases (1)
Other cases involving ING in NL
Details
Ruling Date
31 May 2023
Authority
DPA RbAmsterdam
About this data
Cite as: Cookie Fines. ING - Netherlands (2023). Retrieved from cookiefines.eu
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