- Enforcing jurisdiction
- Netherlands · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Minister for Legal Protection – Court Ruling (Netherlands, 2020)
Privacy enforcement record
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The State Council ruled that a person's claim for damages due to delays in accessing personal data was not valid. They decided that simply breaching data protection rules does not automatically mean someone deserves compensation. This case highlights that individuals must prove real harm to receive damages.
What happened
The State Council rejected a claim for damages related to delays in providing personal data by the municipality of Borsele.
Who was affected
The individual who filed Freedom of Information Act requests with the municipality of Borsele was affected.
What the authority found
The court found that the individual did not demonstrate real harm from the municipality's delay in providing information, so no damages were awarded.
Why this matters
This ruling emphasizes that individuals must show actual damage to receive compensation for data breaches. Small business owners should ensure they handle personal data requests promptly to avoid similar disputes.
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The Appellant filed several Freedom of Information Act requests with the municipality of Borsele; he also filed an access request under the previous data protection law. On 16 August 2016 the municipality responded that they processed the Appellant’s name and address for the purpose of registering his FOA requests and creating, registering and sending FOA-related letters. The municipality also shared his details on the closed forum of the Association of the Municipalities of the Netherlands, but the municipality of Borsele would not let him know the specifics. The State Council heard this dispute on 5 March 2019. The municipality clarified that two messages relating to the Appellant’s request were posted on the forum: one contained the Appellant’s name; another one only mentioned the name of his legal consultancy firm. The Appellant claimed non-material damages resulting from loss of control over his personal data and delays in providing him with the information about the forum messages. The State Council had to assess this claim. The State Council decided that breach of GDPR does not automatically imply an impairment of the integrity of a person which would lead to compensation of damages. The facts that an infringement of GDPR can result in non-material damage and that a data subject must receive full and effective compensation of the damages under GDPR, do not mean that violation of the law always results in damages. The damage caused must be real and certain. The State Council also pointed out that the Appellant has failed to demonstrate that the failure to provide complete information about his personal data processing in a timely manner had caused damages. The claim for compensation was rejected.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Minister for Legal Protection in NL
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
1 April 2020
Authority
DPA RVS
About this data
Cite as: Cookie Fines. Minister for Legal Protection - Netherlands (2020). Retrieved from cookiefines.eu
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