Uitvoeringsinstituut Werknemersverzekeringen – Court Ruling (Netherlands, 2023)

Court Ruling
DPA RbNoord-Holland12 July 2023Netherlands
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A court ruled that the Employee Insurance Agency in the Netherlands did not have to delete a woman's phone number from its records, even though she requested it. The agency argued it needed to keep the number for legal reasons related to social security. This decision highlights the limits of a person's right to have their data erased when legal obligations exist.

What happened

The court decided that the Employee Insurance Agency could keep a woman's phone number in its records due to legal obligations.

Who was affected

The woman who requested the deletion of her phone number from the agency's records was affected.

What the authority found

The Council of State held that the right to erasure does not apply when there is a legal obligation to retain data, as stated in Article 17(3)(b) of GDPR.

Why this matters

This ruling emphasizes that legal requirements can override an individual's request for data deletion. Companies should understand that they may need to retain certain information even if users ask for it to be deleted.

GDPR Articles Cited

AI-verified

Art. 17(3)(b) GDPR
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Art. 17(3)(b) GDPR

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Archiefwet
Decision AuthorityRvS
Reviewed AuthorityRb. Noord-Holland (Netherlands)
Source verified 21 March 2026
national law identified
authority corrected
Full Legal Summary
Detailed

The data subject requested the Employee Insurance Agency (a governmental organisation, controller), to delete her phone number because she no longer wanted to be contacted by them. She also requested the erasure of her phone number from two messages stored in the digital 'mailbox' of the controller. The controller deleted her number for contacting purposes, but refused to delete her number from the digital mailbox. It argued that these documents were part of its social security files and had to be stored on the basis of a legal obligation arising from the Archiefwet (Archive Law). The data subject brought an action with the Court of Noord-Holland (case 20/4820). The Court considered that the controller was not obligated to delete the phone number from its files. She appealed this decision with the Council of State, claiming that the controller unlawfully processed her data and that it was not necessary to store it. In her view, the Archiefwet did not provide a legal basis for processing in the specific case and it breached the principles of minimisation, lawfulness and necessity. The Dutch Council of State considered that the data subject did not bring additional arguments than in first instance and that the Court of Noord-Holland adequately motivated its decision. The Council of State also held that if there is a legal obligation to store files in the exercise of official authority vested in the controller, then the right to erasure under Article 17 is not applicable as long as the retention period runs, as stated in Article 17(3)(b). Archiving as such does not breach the GDPR. Consequently, the Council declared the appeal unfounded.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Uitvoeringsinstituut Werknemersverzekeringen in NL

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

12 July 2023

Authority

DPA RbNoord-Holland

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Uitvoeringsinstituut Werknemersverzekeringen - Netherlands (2023). Retrieved from cookiefines.eu

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