Intricate litigation relating to personal data protection

AEQUITAS team successfully defended the interests of a major foreign client carrying out its activities through a branch in Kazakhstan accused of illegal disclosure of personal data followed by claims for compensation for moral damages.

Senior Associate Anton Alexeyev and Partner Yekaterina Khamidullina joined the process at the stage of active judicial proceedings, which required prompt analysis of the situation, review of a significant scope of documents, and elaboration of a conceptually new defense strategy. The case was additionally complicated by the fact that the client had already submitted a response to the claim and evidences potentially strengthening the claimant's position by the moment AEQUITAS representatives joined the proceedings.

Given these conditions, a strategic decision was made to focus on procedural aspects of defense. AEQUITAS team detected crucial procedural violations committed by the claimant and claimed for lack of jurisdiction over the dispute. Furthermore, AEQUITAS team submitted the arguments confirming that the claimant had no legal grounds to file core claims, including for compensation for moral damages because the claimant referred to violation of rights of third parties without confirmation of own sufferings.

The accepted strategy succeeded and the court agreed with AEQUITAS' arguments and terminated the proceedings in the case. Moreover, the court pointed out the limits of the claimant's claims, confirming that the claimant may only protect its own rights and legitimate interests. If a third party is in need of protection, that very party must act as a claimant in litigation.

This litigation underlines the importance of procedural discipline in disputes relating to personal data protection, also demonstrating the ability of AEQUITAS lawyers to promptly adapt to complicated procedural conditions, build an efficient defense strategy, and achieve a positive outcome for a client.