Man claims his inaccurate personal data is unlawfully used on website operated by Central Bank

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.

Mark Dunne, with an address at Kilpoole Hill, claims information arising from a €20,000 loan he obtained in 2006 from GE Capital Woodchester, which was taken over by Cabot Financial (Ireland) Limited some years ago, can be seen on the Central Credit Register’s website.

His case is against the Central Bank of Ireland and Cabot.

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.

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He claims inaccurate information remains on the register’s website about the loan, as, he says, the loan was fully repaid and/or written off in 2015.

He was surprised, he says, when checking up on his credit history 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, to his disbelief, Cabot has claimed in recent correspondence that some €2,000 remains due on the loan.

However, Mr Dunne claims attempts he and his lawyers have attempted without success to get the Central Bank to correct the matter.

The failure to amend the register and remove what he claims is inaccurate information amounts to breaches of his rights under the General Data Protection Regulation (GDPR), which governs the way a person’s information and personal data can be used, processed, and stored,

Mr Dunnem who has split from his partner, claims the illegally is hampering his attempts to obtain a mortgage he requires to secure a new place to live.

Represented by barrister John Temple, instructed by McGroddy Brennan solicitors, Mr Dunne seeks orders restraining the Central Bank from processing or 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, the injunctions would remain in place pending the final outcome of his action.

Mr Dunne seeks various declarations from the court including that the Central Bank has breached his GDPR rights and that Cabot has continued to unlawfully and disproportionately process his data.

Mr Dunne also seeks orders for damages against the defendants.

On Thursday, Mr Justice Rory Mulcahy granted Mr Dunne permission to serve short notice of his proceedings on the defendants. Only Mr Dunne was represented in court and notified of the application.

The judge adjourned the matter for a week.