- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 42/2023 – Dismissed (Belgium, 2023)
Privacy enforcement record
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A mother wanted a document about her family's situation deleted but was denied. This matters because it highlights the limits of the right to erase personal data when it involves public interest.
What happened
A care provider refused to delete a document containing assessments about a family's mental well-being.
Who was affected
The mother who requested the deletion of the document related to her family's situation.
What the authority found
The authority ruled that the document could not be erased because it served a public interest in child protection.
Why this matters
This case shows that the right to erase personal data has limitations, especially when it involves public interest. Organizations should be aware of these boundaries when handling requests for data deletion.
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Source checks
Linked-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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The decision revolved around a motivational document of a family created by a care provider in light of child protection services. The document labels the family as potentially alarming because of mental well-being of the child and the parents. The mother, the data subject in this case, vehemently disagrees with both the content and the creation process of the document and wants it deleted in its entirety based on Article 17 GDPR. The controller denied this request of erasure. The DPA dismissed the complaint on the basis of article 95, §1, 3° WOG (Law establishing the DPA). The DPA established that the right to erasure of Article 17 GDPR has been exercised correctly. However, this right is not aimed at being able to contest the correctness of a document containing personal findings and assessments of care providers regarding the mental well-being of both the child and the mother within their mutual relationship. The document contained the individual opinion of the care provider, which falls within their legal tasks regarding child protection services. As such, the DPA held that the document cannot be erased based on Article 17(1) GDPR. Adding to this, the DPA held that Article 17(3) GDPR established that the right to erasure does not apply for reasons of public interest in the field of public health in according with Article 9(2)(h)GDPR. The DPA concluded that it is not up to the DPA to determine the correctness of the information in the document and thus order the fulfillment of the request of erasure.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 42/2023 in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 42/2023 - Belgium (2023). Retrieved from cookiefines.eu
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