Association Mousse – CJEU Judgment (France, 2025)

Association Mousse lodged a complaint with the French DPA (CNIL) after a data subject purchased rail travel documents from SNCF Connect (the controller). The controller required customers to enter their title (Madame / Monsieur) when they purchased travel documents. The complaint argued that the controller should not collect this data or that, at the very least, it should offer customers additional options such as ‘neutral’ or ‘other.’ The controller argued that knowing the sex of the data subject permitted it to personalise communications in accordance with commonly accepted practices in commercial communications. It also stated that the processing permitted it to adapt the services it provided (such as providing access to women-only carriages on night trains). On 23 March 2021, the CNIL found that the controller’s processing did not violate the GDPR. It found the processing lawful under Article 6(1)(b) GDPR, viewing it as necessary for the performance of the contract to supply transport services, and considered the processing consistent with the principle of data minimisation. Association Mousse brought an action for annulment of the CNIL’s decision before the Conseil d’État. In addition to reiterating its legal basis and data minimisation challenges, it pointed out that the processing infringed the right to travel without disclosing one’s title, the right to respect for private life and freedom to freely define one’s gender expression. It also noted that in countries who recognize nonbinary civil statuses, the indication does not correspond to reality and may prove contrary to the principle of accuracy. The Conseil d’État stayed the proceedings and referred two questions to the CJEU. # In assessing whether data collection is consistent with Article 5(1(c) GDPR and Articles 6(1)(b) and (f) GDPR, may account be taken of commonly accepted practices in civil, commercial and administrative communications (here, the collection of data relating to consumers’ titles)? #