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KUTXABANK S.A. – Complaint Upheld (Spain, 2019)

Complaint Upheld
Agencia Española de Protección de Datos4 November 2019Spain
final
Complaint Upheld

Privacy enforcement record

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KUTXABANK S.A. was ordered to allow a client access to their personal data after blocking their account. The Spanish data protection authority ruled that the bank still held the client's data despite the account being blocked. This decision emphasizes that customers have rights to access their information at all times.

What happened

A client complained that KUTXABANK S.A. blocked their account and refused to provide access to their personal data.

Who was affected

The client of KUTXABANK S.A. was affected as they were unable to access their personal information due to the account block.

What the authority found

The authority found that the bank must comply with the client's request for access, as they still held personal data related to the blocked account.

Why this matters

This ruling highlights that customers retain rights to their personal data, even if their accounts are inactive or blocked. Banks and other service providers must ensure they fulfill access requests regardless of account status.

Recorded legal citations
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Art. 15 GDPR
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Art. 15(GDPR)

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Automated check recorded — 21 March 2026.

Processing notes: national law identified.

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Full Legal Summary
Detailed

A bank's client complained that they could not exercise their right to access after the bank had blocked his account due to debts. The bank refused to fulfill the request, claiming that it does not process personal data anymore since the account was blocked. Could the controller refuse to answer to a request for access because the requested data is part of a "blocked" account? The AEPD found that as there is an ongoing relationship, the bank still holds personal data. The DPA ordered the bank to fulfill the data subject’s request within the ten working days following the decision. It further ordered the company to inform the AEPD during the same time period on its compliance with the decision. Lastly, it decided that the fact that the controller blocked the account cannot is irrelevant and the controller must comply with the request of access, as required by Article 15 GDPR.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for KUTXABANK S.A. in ES

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

Details

Decision Date

4 November 2019

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-221

About this data

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

Cite as: Cookie Fines. KUTXABANK S.A. - Spain (2019). Retrieved from cookiefines.eu

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