[Infowarrior] - Federal judge dismisses SWIFT data protection lawsuit

Richard Forno rforno at infowarrior.org
Sun Oct 21 13:11:23 UTC 2007


Federal judge dismisses SWIFT data protection lawsuit
Patrick Porter at 2:39 PM ET

http://jurist.law.pitt.edu/paperchase/2007/10/federal-judge-dismisses-swift-
data.php

[JURIST] A federal district judge Friday dismissed a breach of privacy
lawsuit against the Society for Worldwide Interbank Financial
Telecommunication (SWIFT) [organization website]. The Belgium-based
international banking cooperative disclosed personal information [JURIST
report] about its customers to third parties, including the CIA and US
Treasury Department. Ian Walker and Stephen Kruse said their privacy rights
were violated because each had engaged in wire transactions that might have
been processed by SWIFT, although neither disclosed his bank name. Judge T.
S. Ellis III of the US District Court for the Eastern District of Virginia
[official website] wrote:

    There is no allegation that plaintiffs' bank or banks are members of
SWIFT, nor is there any information indicating that plaintiffs' financial
information was disclosed by SWIFT...Plaintiffs rely on their own belief
that their financial information has been disclosed, but such a belief,
without more, cannot support standing.

The ruling leaves open the possibility that Walker and Kruse could file an
amended suit, naming their banks. AP has more.

The case began in federal district court in Chicago, but SWIFT moved to
transfer the case to Virginia. The Department of Justice had considered
invoking the state secrets privilege [JURIST report] to halt the lawsuit out
of concern that it might reveal to much about SWIFT programs designed to
prevent the financing of terrorism.




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