DPA case 85/2021 – Order (Belgium, 2021)

Order
Autorité de Protection des Données29 July 2021Belgium
final
Order

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 Belgian candidate used a municipal database to send political campaign letters, but it wasn't clear if they had the right to access that data. This case is important because it raises questions about how personal data should be used in political campaigns.

What happened

The Belgian DPA closed a case about a candidate using a municipal database for political mailings.

Who was affected

Voters who received political campaign letters and the candidates involved.

What the authority found

The DPA found insufficient evidence to determine that the candidate violated data protection rules.

Why this matters

This case highlights the need for clear rules on how personal data can be used in political contexts. Candidates should ensure they have proper access to data before using it.

GDPR Articles Cited
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Full Legal Summary
Detailed

The complainant received a letter for a political campaign from candidate to the local elections. The candidates used the "list of seniors" held by the municipality. One of the candidates was working for the municipality, had access to the database at stake, and was subject to a disciplinary procedure after the use of the database was revealed. The candidate died after the complaint was filed. However, it could not be established that the other candidate had access to the database and would be the controller for the sending of the letters he signed. was subject to a disciplinary measure by the municipality. The litigation chamber of the Belgian DPA closed the case, considering that there was not enough elements to find a violation of the GDPR by the defendant who was still alive.

Outcome

Order

A binding order requiring the controller to take specific action.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 85/2021 in BE

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

Details

Order Date

29 July 2021

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-3704

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. DPA case 85/2021 - Belgium (2021). Retrieved from cookiefines.eu

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