GI-DEC-DS-146/03


Mrs X applied to the Inspector General for Personal Data Protection, hereinafter called the Inspector General, for ordering the Bank to erase her personal data since the data are redundant for realisation of the purpose for which they were collected. After termination of the contract concluded with the Bank and paying all the dues resulting from running the account Mrs X has received information that she owes the Bank some money. Simultaneously, Mrs X personal data were transferred to a lawyer`s office cooperating with the Bank, which forwarded a preexecutive call to pay the dues to Mrs X. In the course of inner explanatory proceeding carried out by the Bank it was established that Mrs X`s has been recognised as a Bank debtor as a result of false entry in the banking accounting and transactional system. Because of the above, by order of the Bank the lawyer`s office erased Mrs X`s personal data. And the Bank, pursuant to the legal provisions, included Mrs X`s personal data to the so called archival data. The Bank has also drawn consequences against the employee guilty of the rise of the aforementioned irregularity.

In the light of such facts of the case Mrs X`s request for ordering the Bank to erase her personal data stored in the data filling system kept by the Bank "as the data are redundant for the realisation of the purpose for which they were collected" could not have been taken into consideration because of lack of the legal grounds for such an action.

Considering the above, the Inspector General has refused to take into account Mrs X`s request for ordering the Bank to erase her personal data as there were no legal basis for ordering the Bank to erase Mrs X`s data totally although the original purpose of processing had terminated, i.e. the contract on running the bank account had been terminated by Mrs X.