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Spanish courts fine bank for breach of data protection laws

Thu 27th Jan 2011

The Balearic Appeals Court has passed a judgment confirming a Court of First Instance's ruling which ordered a Spanish bank to indemnify a married couple for including their names in two of Spain's most widely-used debtors databases (Asnef and Badexcug). The couple had been victims of a financial scam and had found themselves liable for making repayments on a Spanish bank loan. The loan was subsequently declared void by the courts.

The married couple notified the Spanish bank of the scam and also informed them of their intention not to make any further payments of the loan that they had supposedly taken out. They also sent written notice to the Spanish bank stating that if this action led to their inclusion in the debtors databases, it would be considered a breach of personal data protection rules.

The bank, ignored both the judgment that had declared the loan void, and the couple's letter, proceeded to include them in the industry debt registries.

As a result, the Spanish bank was fined €150,000 by the Spanish Data Protection Agency and must now compensate the couple the amount of €20,000.

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