PLMET:

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Alternative title:

Legal basis for the processing of personal data by financial institutions in case of a non-concluded contract

Subject and Keywords:

GDPR   personal data protection   personal data   financial institutions   banks   lawfulness of processing   data protection authority   DPA   banking law   creditworthiness assessment

Abstract:

The purpose of the article is to analyze the problem related to the processing of personal data by financial institutions, including banks in case of non-concluded loan contract by a natural person in the context of personal data processing on the basis of the legitimate interests pursued by the controller. In particular, the analysis involved the case of personal data processing for generally understood archiving purposes archiving purposes. The article analyzes the last statement of the supervisory body regarding the appropriateness of data processing by a financial institution in case of a non-concluded loan contract – General Inspector of Personal Data Protection and the decision of the Provincial Administrative Court issued on the ground of the Act on the Protection of Personal Data of August 29, 1997. These statements were compared with the new legal order resulting from the entry into force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) as well as the amendments to the Banking Law Act (in force since May 2019) regarding the obligation to provide explanations on the assessment of the applicant's creditworthiness and the automated credit decision taken

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:

2019

Detailed Type:

journal

Identifier:

ISSN 2450-3932

DOI:

doi:10.34616/fiuw.2019.1.107.124

Language:

pol   eng

WUL Catalog:

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Is part of:

Folia Iuridica Universitatis Wratislaviensis. 2019, vol. 8, no 1

Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm   TK