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DPA case 160/2022 – Complaint Upheld (Belgium, 2022)

Complaint Upheld
Autorité de Protection des Données8 November 2022Belgium
final
Complaint Upheld

Privacy enforcement record

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Belgium's data protection authority upheld a complaint from a person who received unwanted calls and requested his data be erased. This decision is important because it reinforces the right to access and delete personal data. Companies must respond to such requests to avoid penalties.

What happened

A person asked a company to provide his data and to delete it after receiving unwanted calls.

Who was affected

The individual who received multiple calls from the company and requested his data be erased.

What the authority found

The DPA found that the company failed to respond to the individual's access and erasure requests, violating GDPR.

Why this matters

This ruling stresses the importance of responding to data requests promptly. Companies must have processes in place to handle access and deletion requests effectively.

Recorded legal citations
Automatically processed
Art. 12(3) GDPR
Art. 15(1) GDPR
Art. 17(1) GDPR
View original scraped data
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 15(GDPR)
Art. 17(GDPR)
Art. 17(1) GDPR

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

National Law Articles
AI-identified
Art. 95, § 1, 5° WOG
Art. 58(2)(c) GDPR

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Linked-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The data subject received different calls by the controller, which used different phone numbers. These were national, foreign and anonymous numbers. The nature of the controller and the nature of these calls were not specified in the decision. The data subject asked the controller for a copy of his data (Article 15 GDPR) and asked the controller multiple times to remove his data (Article 17 GDPR). The data subject submitted the erasure requests by e-mail and using the controller’s website. However, the controller never replied. The DPA held that the data subject properly submitted his access - and erasure requests (Articles 15 and 17 GDPR). The DPA held that the controller breached Articles 12(3) GDPR, Article 15(1) GDPR and Article 17(1) GDPR by not responding to any request made by the data subject. The DPA ordered the controller to fulfil the data subject requests within 30 days. This order was based on Article 95, § 1, 5° WOG (law establishing the Belgian DPA) and Article 58(2)(c) GDPR. This order was not a final decision in light of article 100 WOG but a decision in a procedure prior to the decision on the merits.

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 160/2022 in BE

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

Details

Decision Date

8 November 2022

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5463

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 160/2022 - Belgium (2022). Retrieved from cookiefines.eu

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