Published : 2023-11-21

The infringement of the borrower’s personality rights as a result of a breach of the principles for personal data processing by bank

Mariusz Tomasz Kłoda



Abstract

The Supreme Court rightly pointed out in judgement, that dereliction by the bank immediate action leading to update in the Credit Information Bureau (BIK) data concerning the borrower’s unpaid (low) debt is contrary the principles forpersonal data processing  set out in the Personal Data Protection Act of 29 August 1997 (consolidated text Official Journal of the Republic of Poland of 2015 pos. 2135, as amended, hereinafter referred to as u.o.d.o.). The infringement (by bank) of the principles for personal data processing, set
out in the u.o.d.o., may lead to violations of a borrower’s dignity. This is because, members of modern consumer society perceive the access to the market of loan services as “the right of the prudent borrower” and illegal limitation or exclusion to this access as a matter of great importance.

Keywords:

bank, borrower, Credit Information Bureau (BIK), personal rights, Personal Data Protection Act



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Kłoda, M. T. (2023). The infringement of the borrower’s personality rights as a result of a breach of the principles for personal data processing by bank. Safe Bank, 63(2), 159–166. Retrieved from https://ojs.bfg.pl/index.php/bb/article/view/301

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