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DPA case 47/2024 – Dismissed (Belgium, 2024)

Dismissed
Autorité de Protection des Données19 March 2024Belgium
final
Dismissed

Privacy enforcement record

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A bank blocked a customer's account due to an overdraft and failed to respond to the customer's requests for information and data deletion. The complaint was dismissed because the customer did not provide enough evidence and waited too long to file the complaint. This case shows the importance of timely communication and documentation in disputes.

What happened

The bank blocked a customer's account and did not respond to their requests for data access and deletion.

Who was affected

The customer whose bank account was blocked and who sought information and data deletion.

What the authority found

The Belgian DPA dismissed the complaint due to lack of evidence and the significant delay in filing.

Why this matters

This case highlights the need for customers to keep records of their communications and for companies to respond promptly to requests. It serves as a reminder for businesses to maintain clear communication with their clients.

Recorded legal citations
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Art. 57(4) GDPR

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Full Legal Summary
Detailed

The controller, a bank (“controller 1”), decided to block the data subject’s bank account for an overdraft of €1,400. The data subject made an access request, asked the controller to justify its action, asked for the erasure of their personal data and explained that the debt had been transferred to a debt collecting agency (“controller 2”) and had been repaid shortly after their account had been blocked. The data subject received no response to their telephone calls nor emails and the controller even blocked their email address. The data subject also contacted controller 2 to ask for the erasure of their personal data. Controller 2 indicated that it was able to retain the data subject’s personal data for a period of 10 years. The data subject questioned the legality of such a practice and therefore lodged a complaint with the Belgian DPA (“APD”) against controller 1 for not responding to the data subject access request and the erasure request and against controller 2 for not taking into account their deletion request. Firstly, the APD considered that the complaint did not present the necessary details to assess whether there was a breach of the GDPR. Regarding the complaint against controller 1, the APD found that the data subject submitted a copy of a single email, which does not authenticate the information provided, nor does it constitute conclusive evidence. Regarding the complaint against controller 2, the APD held that the data subject did not provide any evidence of exchanges with the defendant concerning his erasure request. Secondly, the APD pointed out the events took place between December 2020 and February 2021. However, the data subject lodged a complaint with the DPA in November 2023 which represents a delay of more than 2 years and 9 months since the last exchanges with the controllers. The APD also pointed out that no valid justification had been provided to explain this significant lapse of time. Therefore, the APD held that the complaint was

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 47/2024 in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

19 March 2024

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-7774

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 47/2024 - Belgium (2024). Retrieved from cookiefines.eu

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