Defam – Court Ruling (Netherlands, 2021)

Court Ruling
DPA RbDenHaag18 November 2021Netherlands
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 Dutch court case involved a credit provider refusing to remove a negative credit registration for a person who had repaid their debt. The court found that the person's request was valid, emphasizing the need for companies to balance their interests with those of individuals.

What happened

A credit provider refused to delete a negative credit registration despite the debt being repaid.

Who was affected

An individual who had repaid a loan but faced difficulties due to a negative credit record.

What the authority found

The court ruled that the individual's request to remove the credit registration was valid and should be considered.

Why this matters

This ruling highlights the importance of credit providers considering the impact of credit records on individuals. It suggests that companies should reassess their policies to ensure they fairly balance their interests with those of consumers.

GDPR Articles Cited

Art. 6(1)(f) GDPR
Art. 17(1) GDPR
Art. 21(1) GDPR

National Law Articles

Article 35 UAVG
Decision AuthorityRb. Den Haag
Full Legal Summary
Detailed

Controller is Defam, a credit provider. Data subject took out a credit of €10,000 for their friend, because the friend wanted to open a liquor store and did not have enough money. Data subject had to start paying off the loan from February 2014 onwards, but they did not pay the installments. After multiple payment arrears and broken payment arrangements, in December 2015, controller terminated the agreement, claimed the credit early, and registered the debt in the credit registration database (CKI) with the code “A2” (relating to data subject’s creditworthiness). After multiple payment arrangements, the debt was finally payed off on 30 January 2019. The registration of the codes relating to data subject’s creditworthiness will be deleted in January 2024. On 22 June 2020, Coderingsvrij B.V., on behalf of the data subject, objected to the registration in the CKI and requested removal, pursuant to Article 21 GDPR and Article 17 GDPR. Data subject claimed that he is now financially stable, and want to move out of the house of the parents of their partner, which is hard because of the registration of the “A2” code in the CKI. Controller refused to do so on 8 July 2020. After data subject requested again on 15 February 2021 to have the registration removed based because data subject’s interests overrode those of the controller, controller refused again on 25 February 2021. Then, the data subject brought the case before Court. First, the Court considered the admissibility of data subject’s appeal. The controller argued that the appeal was inadmissible because data subject did not appeal to their rejection on 8 July 2020, within 6 weeks, pursuant to Article 35 of the General Data Protection Implementing Act (UAVG). Moreover, the controller claimed that the request of 15 February 2021 was a repeated request, based on the same grounds, and could not be considered a new request. The Court rejected the argument because controller dealt with the request of 15 February 2021 in

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Defam in NL

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

Details

Ruling Date

18 November 2021

Authority

DPA RbDenHaag

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Defam - Netherlands (2021). Retrieved from cookiefines.eu

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