Berta Baz reports:
The most appropriate model to reconcile collective action and data protection was that implemented by Ausbanc with the class-action suit against Telefonica Extremadura. A Madrid court has caused a dispute over the settlement of a collective action to protect the personal data of customers. This court ordered BBVA President Francisco González to supply, within a month, information about their customers’ ‘swaps’, in the practice of an open preliminary hearing, following a lawsuit filed by Adicae.
BBVA had refused to provide this documentation as it understood that this would in principle violate the law governing data protection for its clients. Moreover, it did not count with their approval for disclosure.
But faced with the possibility of a search in its offices, BBVA bank agreed to provide the documentation, but requested the court not pass on the data to the association, until the Constitutional Court rule on the injunction requested by the bank.
BBVA filed a writ of protection before the Constitutional Court, stating that the delivery of data to Adicae constitutes an infringement of fundamental right to the protection of personal data and interferes with the right to privacy.
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