Bettencourt v. Hjortsberg

Bettencourt v. Hjortsberg
The case gained substantial media attention
Court	High Court of Olmeria, Supreme Court of Olmeria
Full case name	*Mr Pascal Bettencourt v. Hjortsberg Transactions Inc. and Partners*
Argued	1 - 13 October, 21 October - 11 November 2014
Submitted	5 August 2014
Started	20 October 2014
Decided	16th November 2014
Defendant	Hjortsberg Transactions Inc. and Partners
Prosecution	Mörner Soliciters on behalf of Pascal Bettencourt
Defence	Hjortsberg Transactions legal division
Claim	300,000 Lund plus damages and legal fees
Legislation cited	Second Constitution of Olmeria Chapter 1, Introduction Second Constitution of Olmeria Chapter 1, Article II, Section 3, Clause 5 The People's Act (1969)
Case history
Appealed from	High Court of Olmeria
Ruling
Mr Bettencourt is entitled to the same right to "privacy from corporate entities", in all their forms as all who are classed as citizens of Olmeria. Therefore we deem the actions of Hjortsberg Inc. wholly unlawful, and declare that they must pay Mr Bettencourt a total of 350,000 Lund, in addition to legal fees, in payment for their breach of his right to privacy.
Court membership
Judge(s) sitting	Ernman, Larsson, Pettersson, Moller, Solie, Andal, Friberg, Syrén, Grönberg, Holgersson
Case opinions
Majority	9-1
Myre and Ness took no part in the consideration or decision of the case.
Keywords
Tourism, Data Breach, Data Security, Money, Finances, Corporation, Constitution, Foreigner, Yonderre

Bettencourt v. Hjortsberg was a high profile civil court case in Olmeria which has influenced the interpretation of Constitutional law and the application of rights to non citizens to date. Mr Pascal Bettencourt, a Yonderian tourist who visited Olmeria on holiday in June 2014, sued financial company Hjortsberg Transactions Inc. after they sold his financial details to a foreign company. Mr Bettencourt subsequently lost over Ⱡ50,000 (₮31,500) in a series of fraudulent withdrawals from three separate bank accounts.

The case was taken to the Supreme Court after Hjortsberg Transactions appealed the High Court's ruling against them on the grounds that Mr Bettencourt should not be entitled to the same right to "privacy from corporate entities", as the High Court ruling had referenced, because he was not Olmerian. The Supreme Court ruled in favour of Mr Bettencourt on the grounds of the Second Constitution of Olmeria and subsequent legislation The People's Act (1969), which they argued entitled foreign tourists to the same right to privacy as Olmerian citizens. Hjortsberg Transactions were forced to pay Ⱡ350,000 to Mr Bettencourt, in addition to legal fees and any future damages if the total ever exceeded 350,000Ⱡ.

The company also faced a wider scandal over its use of clients data, and was the subject of an official investigation by the financial regulator OFCoR later that year, which concluded with the bankrupting of the company after it was ordered to pay out millions in compensation for other victims, both Olmerian and foreign.

Background

At the time of the case, Mr Pascal Bettencourt, a native Yonderian, was aged 53 and working as a manager in an electronics firm. He visited to Olmeria for the first time with his wife and two children in a two week holiday, from the 4th to 19th June 2014. The family chose Olmeria as they had found cheap flights, and wanted to explore the colder, rural regions of the country.

Bettencourt employed the money changing services of Hjortsberg Transactions before travelling, transferring around ₮1000 into around Ⱡ1560 through the online FastChange™.

The FastChange™ system involves clients prepaying online onto a temporary card, which they can then use for a set duration in the relevant nation. Clients can also withdraw cash upon arrival in the nation, or arrange to receive part or all of their transfer in cash at the Hjortsberg facilities in most major Olmerian cities and airports.

High Court Case

Hjortsberg CEO Isak Mossing is questioned by the High Court over the companies use of clients data.