Selfie-video bij Wwft identiteitsverificatie en de AVG: Annotatie bij KiFiD Geschillencommissie Financiële Dienstverlening 19 juli 2024, nr. 2024-0631 (Consumenten/LeasePlan Bank)

Verification requirement under the Wwft and GDPR. Does a mandatory selfie video involve the processing of biometric personal data or not? On a controller's accountability and aggravated duty to substantiate the processing of personal data under the GDPR, and the importance of contractual agreements and reasonableness and fairness in performing the verification duty under the Wwft.

Consumers applied online for a savings account with the bank. During the identification process, they were asked to provide a verification video. The consumers complained about this, claiming the bank was thereby processing biometric personal data about them, which is not allowed. They demand that the bank delete their personal data. The bank argues that the complaint is not actionable under the Kifid rules. The bank further argues that the verification video does not process biometric data within the meaning of the GDPR. The committee is of the opinion that it can handle the complaint. It has not been established that the bank processes biometric data with the verification video. Nor has it been established that the bank still holds personal data of the consumers. The consumers' claims are dismissed.