Statement of Claim for violation of bank secrecy and confidentiality
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Al-Farabi District Court of Shymkent.
Maily Kozha St. 7. +7 (7252)99-73-23
Plaintiff: ...... Laura Tuleshovna; 04/29/1983;
Residence: Shymkent, ul. ..... ......., house 28 "A" sq. No. 51.
IIN: ...............
Representative by proxy:
Law Company Zakon i Pravo LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 5755
Defendant: JSC DO VTB Bank Shymkent; Turkestanskaya St. 65/2;
8(7252) 24-50-00
Statement of Claim
(On violation of bank secrecy and confidentiality)
On September 05, 2020 ....... L.T. (Hereinafter referred to as the Applicant), when requesting an extended credit report from the First Credit Bureau (hereinafter referred to as the PKB), discovered that VTB Bank JSC (hereinafter referred to as the Bank) had requested an extended credit report from PKB 9 (Nine) times: 1) April 25, 2016; 2) April 10, 2017; 3) April 10, 2017; 4) July 18, 2017; 5) February 01, 2018; 6) April 18, 2018; 7) June 29, 2018; 8) October 16, 2018; 9) July 24 2019; According to art. According to the Law "On Personal Data and their Protection", the main principle of the Law is that the consent of the personal data subject or his legal representative is required for the collection and processing of any personal data (on paper or other, including electronic media). Please note that the Applicant has never contacted the Bank and has not had any legal relations with the Bank, as well as with the Bank's employees, and has not consented to the processing of personal data. The Bank illegally obtained the Applicant's personal data, and the Bank also used the Applicant's personal data for illegal purposes unknown to the Applicant. The Bank has violated the law on several occasions, and these actions of the Bank lead to the opinion that the Applicant's data was used for mercenary purposes. In paragraph 3, art. 25 of the Law "On Credit Bureaus and the formation of credit histories in the Republic of Kazakhstan", it is clearly stated that, in the absence of the consent of the subject of the credit history to provide information about him to credit bureaus (with the exception of a credit bureau with state participation) for the formation of a credit history and (or) to issue a credit report from the credit bureau, as well as its incorrect registration of the information provider, the recipient of the credit report, the applicants for the credit report, or their officials are responsible in accordance with the legislation of the Republic of Kazakhstan.
Statement of Claim for violation of bank secrecy and confidentiality
According to Resolution No. 6 of December 18, 1992 of the Supreme Court of the Republic of Kazakhstan, it follows that the dissemination of information discrediting the honor and dignity of a citizen should be understood as its publication in the press, radio, television, using other media, presentation in official and other characteristics, public speeches, statements addressed to various organizations., officials, or a message in another, including oral, form to several persons or at least one person. According to art . 143 of the Civil Code of the Republic of Kazakhstan, a citizen or a legal entity in respect of whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with refuting such information, to demand compensation for losses and moral damage caused by its dissemination. The above actions of the Bank are completely illegal, and the Applicant has suffered moral damage, resulting in mental distress and deterioration of his health. On September 18, 2020, the Applicant submitted an application to the Agency for Regulation and Development of the Financial Market (hereinafter - AFR) for an audit of the Bank's activities. Further, the AFR conducted a documentary check, based on the results of the review of the documents submitted by the Bank, it was established that during the internal investigation by the Bank it was established that a former employee of the Bank using his official position and personal access in the period from 04/25/2016 to 07/24/2019. He made unauthorized requests to the PKB to obtain an extended credit report on the Applicant.
Statement of Claim for violation of bank secrecy and confidentiality
According to the Bank, at that time, measures were being taken to transfer the materials of the internal investigation to the relevant law enforcement agencies for a legal assessment of the actions of the former employee of the Bank. In January 2021, the Applicant submitted an application to the Bank regarding the status of the measures taken to transfer the materials of the internal investigation to the relevant law enforcement agencies in order to establish a legal assessment of the actions of the former employee of the Bank and provide personal information of the former employee. The Bank replied that the personal information of the former Bank employee was classified as an official secret and was not subject to disclosure. According to the Bank, for the past 10 (ten) months, the Bank has been taking measures to transfer the materials of the internal investigation to the relevant law enforcement agencies for a legal assessment of the actions of the former employee of the Bank. However, there are no results to date. The Bank has not submitted any supporting documents on bringing the former employee of the Bank to justice. In paragraph 1 of art. 951 of the Civil Code of the Republic of Kazakhstan defines moral harm as a violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.) experienced (endured, experienced) by the victim as a result of an offense committed against him, and in the event of his death as a result of such an offense - by his close relatives, spouse. In accordance with art . 120 of the Labor Code of the Republic of Kazakhstan, the financial liability of a party to an employment contract for damage (harm) caused by it to the other party to the employment contract occurs for damage (harm) caused as a result of culpable unlawful behavior (action or omission) and the causal relationship between culpable unlawful behavior and the damage (harm) caused, unless otherwise provided by this Code and other laws of the Republic of Kazakhstan. In the course of exercising the right to judicial protection of his rights and legitimate interests, the plaintiff was forced to seek help from the law firm Zakon I Pravo. According to paragraph 8 of Article 108 of the CPC RK, the costs related to the case include the costs of paying for assistance to a representative. The plaintiff's court costs amounted to:
Payment of the state duty of 100,000 (one hundred thousand)tenge;
Payment for assistance from a representative of a law firm of 500,000 (five hundred thousand) tenge;
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. The pre-trial claim to the above address was sent by registered mail on 02/09/2021. 02/19/2021 for ex: 10-007-/3356, a response was received from the Chairman of the Board of VTB Bank JSC (Kazakhstan) D. Zabelo, asking for patience and waiting for the results of the law enforcement inspection.
Statement of Claim for violation of bank secrecy and confidentiality
According to paragraph 1 of Article 8 of the CPC RK, everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests, in connection with which I ask you to take into account all the above arguments and make a decision in accordance with the principles of good faith, reasonableness and fairness. Based on the above, guided by Articles 148, 149 of the CPC of the Republic of Kazakhstan, I ask the court:
To recover from the defendant JSC DO VTB Bank the amount of material and moral damage in the amount of 10,000,000 (ten million) tenge
To collect the paid state fee in the amount of 100,000 (one hundred thousand) tenge, and the costs of the services of a legal representative of Law and Law Law Firm LLP 500,000 (five hundred thousand) tenge.
Application:
A copy of the legal services agreement;
A copy of the payment receipt for the Law and Law Law Firm;
A copy of the receipt for payment of the state fee;
A copy of the Power of Attorney;
A copy of the extract from the representative's register
A copy of the pre-trial claim to JSC DO VTB BANK Kazakhstan;
A copy of the Response to the pre-trial letter dated 02/19/2021;
A copy of the Response from the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan;
A copy of the Reply to VTB Bank JSC (Kazakhstan) dated 02/03/2021;
Yours sincerely! Representative by proxy _________/ ........ A.T. 08.10.2021 year.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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