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- Netherlands · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Autoriteit Persoonsgegevens – Court Ruling (Netherlands, 2020)
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A court ruled against a complainant who believed the Autoriteit Persoonsgegevens took too long to handle his complaint about a data broker. The court stated that the authority is allowed a longer time frame for complex investigations. This decision clarifies how long authorities have to respond to complaints.
What happened
The court dismissed a complainant's claim that the Autoriteit Persoonsgegevens failed to decide on his complaint in a timely manner.
Who was affected
The complainant who filed a complaint against a data broker for unlawful data processing.
What the authority found
The court ruled that the Autoriteit Persoonsgegevens has a reasonable time frame for handling complaints, which can extend beyond eight weeks.
Why this matters
This case sets a precedent for how long data protection authorities can take to respond to complaints. It informs individuals that complex cases may require more time for resolution.
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On 21 of January 2019 complainant lodged a complaint with Autoriteit Persoonsgegevens against a data broker called Focum. In his view, Focum processed his data unlawfully and wrongly rejected his erasure request. On 21 of February 2020 complainant started a court case against Autoriteit Persoonsgegevens for not deciding on his complaint on time and demanding compensation. Complainant believes that AP is obliged to issue a decision within a reasonable timeline, which is 8 weeks according to the Dutch Administrative law. Autoriteit Persoonsgegevens disagrees: Article 78(2) GDPR defines the applicable time frame in line with Article 4:13(1) of the Dutch Administrative law. AP must inform complainant of the progress or settlement of the complaint within 3 months. The Court ruled against complainant’s arguments for the following reasons: 1) Article 78(2) GDPR defines the applicable time frame in line with Article 4:13(1) of the Dutch Administrative law. The reason for not putting a deadline in the law is because complaints can lead to long and complex investigations and include cross-border data processing, meaning that other supervisory authorities might need to get involved. 2) According to Recital 141 GDPR, AP must update complainant within a reasonable period. In this case, AP sent an email to complainant on 20 march 2019, which counts as a progress report even if it doesn’t explicitly say so in the email itself. Moreover, the email stated that the investigation involved cross-border processing and that the complaint may be handled together with other European supervisory authorities. 3) When assessing whether the decision on the complaint took too long, the Court took the following into account: - AP was conducting their investigation based on several different complaints from different people. - The investigation included an on-site inspection and coordination with other supervisory authorities in the EU. - COVID-19 measures that have slowed the AP down.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (4)
Other cases involving Autoriteit Persoonsgegevens in NL
Court Ruling
Details
Ruling Date
15 October 2020
Authority
DPA RbMidden-Nederland
About this data
Cite as: Cookie Fines. Autoriteit Persoonsgegevens - Netherlands (2020). Retrieved from cookiefines.eu
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