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Belgium · Geography does not establish applicable law.
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DPA case 143/2022 – Complaint Upheld (Belgium, 2022)

Complaint Upheld
Autorité de Protection des Données11 October 2022Belgium
final
Complaint Upheld

Privacy enforcement record

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A school in Belgium was found to have failed in responding to an employee's request for access to their personal data. The DPA ruled that the school must provide the requested information. This case highlights the importance of transparency and responsiveness in handling personal data requests.

What happened

The school did not respond adequately to an employee's request for their personal data.

Who was affected

An employee of the school who requested access to their personal data.

What the authority found

The DPA ruled that the school violated GDPR by not fulfilling the access request in a timely manner.

Why this matters

This case serves as a reminder for organizations to take access requests seriously and respond promptly. It stresses the importance of transparency in data handling.

Recorded legal citations
Automatically processed
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 15(1) GDPR
Art. 15(3) GDPR
Art. 58(2)(c) GDPR
View original scraped data
Art. 4(1) GDPR
Art. 12(GDPR)
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 15(GDPR)
Art. 15(1) GDPR
Art. 15(3) GDPR

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

National Law Articles
AI-identified
Art. 95(1)(5) LCA

Source checks

Secondary-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 data subject submitted an access request to his employer, a school, (controller) on 7 July 2022, requesting a copy of all his personal data pursuant of Article 15(3) GDPR. He also wanted to receive a copy of the emails and notes in which he was directly and indirectly identified. In particular, he wanted the following information: internal and external documents, his administrative file, his disciplinary record, emails, manual or paper-based internal notes and logs. Lastly, the data subject requested all the elements listed in Article 15(1) GDPR, such as the purpose and legal basis of each processing operation. The data subject stated that the controller did not answer this request and did not act within one month. The data subject stated that the letter he sent was returned to him, and therefore not received by the controller. The data subject filed a complaint at the DPA on 10 August 2022 because the controller failed to reply to the access request in a satisfactory way. According to the data subject. This resulted in a violation of Articles 15(1), Article 15(3) and Article 12(3) GDPR. The data subject requested that he would remain anonymous during his complaint procedure. The DPA held that the controller could not refuse to give useful effect to the request for access, simply because the formulation of the request itself was incomplete, based on an erroneous provision or based on a misunderstanding or misinterpretation of the rights invoked. Regarding the requested anonymity of the data subject, the DPA noted that the data subject had the option, provided on the form of the DPA complaint, to hide his personal data. However, the data subject was also obliged to give justification for this requested anonymity. When the data subject did not provide justification, the DPA could ask for consent to the data subject to disclose the information or close the complaint without further action. The DPA held that the data subject was entitled to his right of access. Th

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 143/2022 in BE

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

Details

Decision Date

11 October 2022

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5367

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 143/2022 - Belgium (2022). Retrieved from cookiefines.eu

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