Enforcing jurisdiction
Belgium · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 19/2020 – Complaint Upheld (Belgium, 2020)

Complaint Upheld
Autorité de Protection des Données29 April 2020Belgium
final
Complaint Upheld

Privacy enforcement record

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A Belgian city official accessed a person's picture in the national registry without a clear reason. The authority found that the city did not properly document its procedures for accessing this data.

What happened

A city official consulted a person's picture in the national registry without providing a justification.

Who was affected

The individual whose picture was accessed by the city official.

What the authority found

The authority determined that the city failed to adequately document the reasons for accessing the national registry, violating accountability requirements.

Why this matters

This case underscores the need for organizations to have clear and documented procedures for data access. It highlights the importance of accountability in data processing.

Recorded legal citations
Automatically processed
Art. 24 GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(f) GDPR
Art. 5(2) GDPR
View original scraped data
Art. 5(1)(b) GDPR
Art. 5(1)(f) GDPR
Art. 5(2) GDPR
Art. 24(GDPR)
Art. 32(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 17 Loi du 8 août 1983

Source checks

Linked-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The plaintiff filed a complaint with the Belgian DPA after noticing that their picture in the national registry had been consulted by a city official without indication of a motive, such as required by article 17 of the Belgian law organizing the national registry, and following the inability of the city to justify the consultation or provide a satisfactory response as to the outcome of its internal enquiry on the matter. The city argued in its defence, that there were clear internal procedures for the consultation of the national registry and that it could therefore have reasonably assumed that the data would be processed lawfully. Is assuming that the data be processed lawfully because of the knowledge of the law and internal procedures by employees sufficient? The Belgian DPA reminds that accountability in accordance as understood by article 24 GDPR resides not only in ensuring that the law and the internal procedures relating to data processing be known to employees, but also that those be clearly implemented and documented in order to be able to prove the lawful processing of the data. In this instance, the procedure for consultation of the national registry was inadequate because the motive of consultation had not to be provided in writing, although the motive in itself constitutes the decisive element for determining the lawfulness or not of the data processing.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 19/2020 in BE

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

Details

Decision Date

29 April 2020

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-2354

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 19/2020 - Belgium (2020). Retrieved from cookiefines.eu

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