A Co Wicklow man has brought High Court proceedings over what he claims is the unlawful use and retention of inaccurate personal data on a website operated by the Central Bank of Ireland
The claim has been made by Mark Dunne who has brought proceedings against the Central Bank of Ireland and financial company Cabot Financial (Ireland) Limited.
Mr Dunne with an address at Kilpoole Hill, Co Wicklow claims that information arising over a loan he obtained from a €20,000 loan he obtained from GE Capital Woodchester, which was taken over by Cabot some years ago, in 2006 can be seen on the Central Credit Register's website.
The register, which is operated and governed, by the Central Bank, is a database that stores personal and credit information about loans of €500 or more on any individual person.
He claims that inaccurate information remains on the register's website about the loan, as he says that the loan was fully repaid and or written off in 2015.
He claims that he was surprised, when checking up on his credit history he was surprised to see that the loan was still showing up on his own personal record on the Central Bank's website.
Mr Dunne claims he made his last payment on the loan in 2015, but much to his disbelief, Cabot have claimed in recent correspondence that some €2000 remains due and owing on the loan.
However, Mr Dunne claims that his and his lawyers' attempts to get the Central Bank to have the matter corrected have not been successful.
The failure to amend the register and remove what he claims is the inaccurate information amounts to breaches of his rights underGDPR, the EU regulation which governs the way in which how information and personal data about a person can be used, processed, and stored,
Mr Dunne who has split from his partner claims that the illegally is hampering his attempts to obtain a mortgage he requires to obtain a new place to live.
Represented by John Temple Bl in structed by McGroddy Brennan solicitors Mr Dunne seeks injunctions restraining the Central Bank from processing, publishing his personal data on its website.
He also wants to restrain website users from being able to access and use his data.
He further seeks an injunction restraining Cabot from using, editing or publishing his data without his consent.
If granted those injunctions would remain in place pending the final outcome of his action.
In his proceedings against the defendant Mr Dunne seeks various declarations from the court including that the Central Bank has breach Mr Dunne's GDPR rights, and that Cabot have continued to unlawfully and disproportionately process his data,
Mr Dunne also seeks orders for damages against the defendants.
On Thursday afternoon Mr Justice Rory Mulcahy, on an ex-parte basis, granted Mr Dunne permission to serve short notice of his proceedings on the defendants.
