When Ing Direct was unlawfully collecting personal data and blessed by the banking supervisor
On 2nd September 2009, a decree from the minister of the Economy, Mrs Lagarde, allowed banks to collect data on wages and estate within the framework of the anti money laundering and counter financing terrorism regulation.
Ing Direct went beyond in 2011.
Customers had their online access immediately removed and had to give these data to get their access back.
They were simultaneously used for commercial purposes, even though the anti-money laundering was the only information mentioned on the screen.
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I questioned this process in a letter that I sent to the Banque de France in September 2011. The letter was then passed to the Prudential Supervision Authority (ACP) managed by Ms Danièle Nouy.
On 27th October 2011, the ACP wrote me back and told me that banks must have an updated knowledge of their customers. It sent me some references about anti-money laundering and closed the case.
However, no provision allowed banks to remove the online access or take retaliatory measures to get data.
The next month, the finance committee of the Parliament scrutinized the ACP. The committee stated that it was too early to get a complete review, but acknowlegded that the penalties the ACP had given to banks were “light” and the number of them “has even decreased since the ACP was created” (1).
I asked the Banque de France for clarification in a new letter dated 7th December 2011 and explained why the process of Ing Direct was an abuse of process. This letter was copied to some public representatives too.
Afterwards, the new minister of the Economy (2), Mr Baroin, ordered that Ing Direct properly collects these data.
The website was consequently revised a few days later.
(1) : Report n°38 of the Finance committe of the Parliament, general economy and budget control of the national assembly - 23 November 2011
(2)
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