Rb. Amsterdam - AMS 22/1414
| Rb. Amsterdam - AMS 22/1414 | |
|---|---|
 | |
| Court: | Rb. Amsterdam (Netherlands) |
| Jurisdiction: | Netherlands |
| Relevant Law: | Article 17 GDPR Article 34 Implementation Act General Data Protection Regulation |
| Decided: | 24.03.2022 |
| Published: | 12.04.2022 |
| Parties: | |
| National Case Number/Name: | AMS 22/1414 |
| European Case Law Identifier: | ECLI:NL:RBAMS:2022:1605 |
| Appeal from: | |
| Appeal to: | Not appealed |
| Original Language(s): | Dutch |
| Original Source: | Rechtspraak (in Dutch) |
| Initial Contributor: | A. Mobayen |
The Dutch preliminary relief judge has rejected a request for interim injunction aimed at deleting the applicant's credit register based on Article 34 of the Implementation Act General Data Protection Regulation. The deletion of a credit register is preceded by a weighing of interests in which the individual interest of the applicant in the removal of the credit registration is weighed up against the social interest in maintaining this registration. The outcome of this balancing of interests was that the decision not to delete this data was not disproportionate. Mainly because one year after the date of repayment of the debt, it is still too early to state that the registration is disproportionate. The preliminary relief judge also took the circumstances of the case into account, such as the fact that those involved with the loan cannot wait until the five-year term has expired. The preliminary relief court also considered the fact that the interim injunction could not be reversed.
English Summary
Facts
The applicant has requested that his credit registration be deleted by the Credit Bank. Because the Credit Bank declined, the applicant requested the preliminary relief judge for an interim injunction. Particularly since this registration impedes the reservation of finance when purchasing a home.
Holding
The Court refused a request for interim injunction with regard to the removal of a credit register on the basis of Article 24 of the Implementation Act General Data Protection Regulation, on the basis of a concrete weighing of interests and because the injection could not be reserved.
Comment
The judgment of the preliminary relief judge has a provisional character and does not bind the court in any proceedings on the merits.
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English Machine Translation of the Decision
The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.
The Court denied a request for injunctive relief regarding the removal of a credit register based on Article 24 of the Implementation Act General Data Protection Regulation, on the basis of a set of proportions and because the injection could not be reserved.
