- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
DPA case 47/2023 – Dismissed (Belgium, 2023)
Privacy enforcement record
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A complaint about a former employer using a person's photo on their website was dismissed by Belgium's data protection authority. The authority found that the person could not prove he was in the photos, which means he had no standing to make the complaint. This case highlights the importance of being able to demonstrate harm when filing complaints about data use.
What happened
A person complained that his former employer used his photo on their website without permission.
Who was affected
The individual who claimed his photo was used and other former employees depicted in the photos.
What the authority found
The authority ruled that the complainant could not prove he was in the photos, so his complaint was dismissed for lack of standing.
Why this matters
This case shows that individuals must provide clear evidence of harm to support their complaints about data misuse. It serves as a reminder for people to be aware of their rights and the need for proof when challenging data practices.
Source checks
Linked-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: 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
A data subject alleged that his former employer used a photo of him and published it on the organization's website, as well as on offers, long after the complainant no longer worked for the controller. He also argued that other former employees were also depicted in the photos. The DPA noted that it is clear that the data subject objects to his image being used after termination of his employment contract. It however held that it was not established that the complainant was actually appearing in the questionable photos. The DPA added that the data subject had a right to erasure but did not exercise it. According to the DPA, in the absence of such exercise, no information show that the data subject was depicted in the photos. In accordance with [https://www.ejustice.just.fgov.be/eli/wet/2017/12/03/2017031916/justel#Art.57 Article 58 of the WOG], to submit a complaint, one must have standing. In this case, the DPA considered that the data subject could not demonstrate a standing since he could not prove that the controller was processing personal data relating to him. Concerning the other former employees, the data subject had no interest that is sufficiently concrete to be able to submit a complaint relating to them. In conclusion, the DPA dismissed the complaint for lack of standing.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 47/2023 in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 47/2023 - Belgium (2023). Retrieved from cookiefines.eu
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