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

DPA case 41/2023 – Dismissed (Belgium, 2023)

Dismissed
Autorité de Protection des Données14 April 2023Belgium
final
Dismissed

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

A complaint about personal data being shared after a job ended was dismissed. This is important because it shows that sometimes sharing data can be justified under certain conditions.

What happened

A former employer shared an employee's personal data with an insurance company after the employee's contract ended.

Who was affected

The former employee whose personal data was shared without their consent.

What the authority found

The authority dismissed the complaint, stating that the sharing of data was justified under legitimate interests.

Why this matters

This case illustrates that data sharing can be permissible under specific circumstances. Organizations should understand the legal grounds for sharing personal data to avoid potential issues.

Recorded legal citations
Automatically processed
Art. 6(1)(f) GDPR
View original scraped data
Art. 6(1)(f) GDPR

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

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

No issues were reported by that automated check.

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 former employer of complainant received an e-mail concerning an invoice to be paid for the complainant for a supplementary pension. Since the employment contract had already ended, the former employer asked the defendant to contact the pension insurance company complementary to understand the reason for issuing the invoice. The insurance company indicates that she was not informed of the end of the contract of work between the complainant and his former employer, and that she therefore issued a new invoice. In this context, the complainant considers that his personal data should not have been sent, as the defendant is not an insurance broker or policyholder. At first instance, the complainant made a request for mediation to the DPA. However, he was not satisfied with the outcome and thus filed a complaint afterwards. In accordance with article 6.1.f GDPR and the case law of the CJEU (arrest '[https://curia.europa.eu/juris/document/document.jsf;jsessionid=2A575E90D7094F88881B7521A78C1936?text=&docid=190322&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1876300 Rigas]', three cumulative conditions must be fulfilled in order to process personal data based on legitimate interests: a) Purpose criterion: the pursuit of a legitimate interest; b) Necessity criterion: demonstrating the necessity of the processing to achieve the purpose; c) Weighing of interests: the rights and freedoms of the data subject must not override the legitimate interest pursued by the controller Each criterion is briefly discussed below: a) Purpose criterium: the DPA states that the personal data of the complainant were passed on to the insurance company in the context of an assignment entrusted to the defendant by the former employer of the complainant. The first condition is therefore fulfilled. b) Necessity criterion: In order to satisfy the second condition, it must be shown that the same result cannot be achieved by other less intrusive means of processing of personal data The

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 41/2023 in BE

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

Details

Decision Date

14 April 2023

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5823

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 41/2023 - Belgium (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: