Can I claim compensation from my bank if they have been negligent in handling my data?
January 2, 2024 | 55,00 EUR | answered by Carsten Ahlert
Dear lawyer,
I am reaching out to you with a question regarding banking law that is causing me great concern. In my current situation, I am a customer of bank XY and recently I noticed that my personal data has been handled negligently by the bank. Specifically, my account information was shared with third parties unencrypted via email without my knowledge or consent.
As a long-time customer of this bank, I feel severely violated in my privacy and I am worried about potential consequences that could arise from this negligent action. I am wondering if I can demand compensation from my bank in this case. After all, these are my sensitive data that were unlawfully disclosed and could potentially lead to financial losses or identity theft.
I would like to know from you if the bank is legally obligated to compensate me if they have been negligent in handling my data. Are there any laws or rulings that could strengthen my legal position? What steps should I take next to claim compensation?
I appreciate your support and expert advice in advance.
Sincerely,
Lilli Hacker
Dear Mrs. Hacker,
Thank you for your inquiry regarding an important issue in banking law. It is understandable that you are concerned about the negligent disclosure of your personal data by Bank XY and the potential negative consequences that could arise from it. In fact, the protection of personal data is a very sensitive issue and it is important that banks and other companies handle it responsibly.
In your case, it is important to know that banks are obligated according to data protection laws to protect their customers' personal data and only disclose it in certain cases and under certain conditions. The disclosure of your account information to third parties without your consent and unencrypted constitutes a breach of this obligation and could have legal consequences.
Under German law, you generally have the right to compensation if you have suffered harm due to the bank's actions. In your case, harm could arise, for example, from financial losses due to identity theft. It is important that you gather evidence to show that the bank has been negligent with your data and that you have suffered harm as a result.
To assert your right to compensation, I recommend that you first speak with the bank and point out the violation of your data protection rights. Demand that the bank compensate you for the harm suffered. If the bank is unwilling to meet your demands, you can contact a lawyer specializing in banking law like myself to take legal action.
There are also some court decisions that could strengthen your legal position, such as the ruling of the Federal Court of Justice (BGH) on banks' liability in data breaches. In this ruling, it was determined that banks can be held liable for data protection violations if they have breached their duty of care.
Overall, you should be aware that the protection of your personal data is an important issue and as a customer, you have the right to defend your data protection rights. Do not hesitate to take legal action if your rights are violated.
I hope that my explanations have been helpful to you and I am available for further questions.
Yours sincerely,
Carsten Ahlert
Attorney specializing in banking law
