ING Bank does not have to provide data to Brein
The Stichting Brein will not receive the name and address of the ING Bank that belong to a bank account number that is mentioned on the website FTD World. According to Brein, illegally protected material can be obtained illegally via this website. The judge in preliminary relief proceedings of the Amsterdam District Court rejects the claim
The Stichting Brein will not receive the name and address of the ING Bank that belong to a bank account number that is mentioned on the website FTD World. According to Brein, illegally protected material can be obtained illegally via this website. The judge in preliminary relief proceedings of the Amsterdam District Court rejects the claim.
According to Brein, copyrighted files (such as books, films, music, e-books, games and software) are offered through Ftdworld.net without permission from the copyright owners. The websites of FTD World are hosted by a Russian hosting provider. The domain name holder of FTD World is a non-existent person. However, a bank account number of ING Bank is known, possibly from a cat catcher.
BREIN wanted to know from ING which persons are entitled or authorized to withdraw money from the bank account, details of places and times when money has been withdrawn from this bank account and the account numbers (with accompanying account holders) to which money has been transferred from the bank account. The ING refused on the basis of the Personal Data Protection Act.
According to the court, Brein's claim can only be awarded if it is sufficiently plausible that ING Bank is acting unlawfully. ING Bank must attract the privacy interests of its customers. According to the court, ING Bank has argued that it is not instrumental in committing copyright infringements by FTD World or facilitating it.
Brain also can not rely on jurisprudence in which hosting providers and / or internet service providers are condemned to provide the personal data. The role of an internet service provider or hosting provider is essentially different from that of a bank. ING Bank is not in a position to form a responsible opinion on the illegality of pirate sites.
Brein's appeal to the judgment of the District Court of The Hague in December 2011 in the Brein / Techno Design case does not, according to the court, also shed any light on this case. Techno Design is also not a bank, but a so-called payment provider.
The Stichting Brein has now announced that it will appeal.