Facts
Bank X. AG (the defendant) carried out financial transactions without the instruction or authorization of clients A.Y. (defendant 1, plaintiff 1) and B.Y. (defendant 2, plaintiff 2), resulting in significant losses for the defendants. The defendants requested the bank to disclose internal documents related to their client profile and investment objective. The bank refused to disclose these documents.
The defendants then brought a lawsuit against the bank, requesting that it disclose all internal personal data concerning them. The bank argued that the defendants had no legitimate interest in obtaining this information and that their request was abusive.
The court of first instance dismissed the defendants' request, but the court of appeal overturned this decision and ordered the bank to disclose the requested documents.
Considerations
4. Application of data protection law
The Data Protection Act (FADP) applies to the processing of personal data by private individuals. However, the FADP excludes pending civil proceedings from its scope. The bank argued that the defendants had no legitimate interest in obtaining the requested information and that their request was abusive.
5. Right to information
The right to information is a fundamental right that allows individuals to control the personal data concerning them. The FADP provides that individuals have the right to information about the personal data concerning them, unless overriding interests oppose it.
6. Overriding interests
The bank argued that…