Published August 1, 2021 at 1:34 pm
Law & Justice. Swedbank wins the first part of the lawsuit against Fria Tider founder Widar Nord. It is clear since Stockholm District Court announced on Friday that the bank will not have to comply with Article 15 (2) of the EU Data Protection Regulation GDPR.
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In the autumn of 2020, Widar Nord sued Swedbank and demanded that the bank provide him with all recordings of his telephone conversations with the internet bank during the same year.
During the trial, Nord referred to Article 15 (2) of the GDPR , which states that the bank is obliged to provide a “copy of the personal data that is being processed” to the bank.
The European Commission has previously published an opinion which clarifies that in “telephone banking cases where the customer's voice gives instructions to the bank and these are registered on tape, the recordings shall be considered personal data”.
However, Swedbank still refused to release the recordings and considered that Widar Nord had to make do with a “register extract” and a transcript of what was said on the tape, as well as the opportunity to travel to Sweden at his own expense and listen to the recordings on the bank's premises.
Swedbank's position was contradicted by the EU's personal data authority DGPB, which says that when a person requests video recordings with the support of 15.2 in the GDPR, it is “a copy of the recording” that must be provided and nothing else.
“Against this background, Swedbank is not obliged to also provide Widar Nord with copies of the current recordings. The claim must therefore be rejected”, the court writes in its judgment.
Widar Nord is not surprised by the ruling.
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– No, this district court disapproves of everything I bring, regardless of the legal situation. However, the reasons for the ruling are surprising, as they mean that all companies that record their customers on tape from now on do not have to release the recordings on request, despite the fact that it is in clear violation of the GDPR. I had expected a disapproval that was formulated so that it would only apply to me and be more difficult to appeal, says Widar Nord.