ING need the data of an administrator of usenet indexer FTD World not to hand, the court in Amsterdam ruled. According to the judge, don banks ‘personal data only in very exceptional situations” to hand over.
On the site of FTD World, a functional successor of nzb-indexer FTD, is, however, a number of ING to find. Brein wanted to know who all had access to that account and who is on what place money from. The official account holder is an elderly woman who is living in Suriname; probably she is just a ‘katvanger’, referred to the actual user of the account outside shot to keep.
ING just wanted to say that there is indeed someone authorized was to withdraw money from the account and that there from Amsterdam-Noord payments are carried out with the corresponding debit card, but didn’t want to disclose personal information. The court does ING therein the same. According to the Amsterdam court, it is important that clients trust should be able to enjoy in their bank, and that banks therefore only in very exceptional situations’ personally identifiable information to others may provide. In addition, they will be in safe hands, and the court is not convinced that that Brain is the case.
Another issue is that ING is not ‘instrumental’ in the alleged copyright infringement by FTD World. Brain referred to case law showing that hosting providers can be forced to provide personal information to hand over. “A ‘piratenwebsite cannot exist without a provider,” acknowledges the court, but with a bank that is not the case: a piratenwebsite can also exist without a bank account. “There is no relationship between ING Bank and copyright infringement, while there is a relation between an internet service provider or hosting provider and the copyright infringement,” writes the court.
Also had a Brain to do more to get the data out of ING to find out. So had the foundation in accordance with the courts will probably do more to the data of the registrant to diagnose and has the Brain, no attempt is made to contact the official account holder. In addition, Brain not reported to the police, which according to the court, a solution might be to have the data yet to find out.
The ruling is a setback for the strategy of Brein to data from payment providers to use to piratensites to roll and payments to block. Previously got the Brain of a payment provider the name and address of a person who is an illegal torrentsite would run. This did Brain not a trial run: the threat of a lawsuit was enough. It is still unknown whether Brein will appeal the ruling.