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DPA case 37/2026 – Complaint Upheld (Belgium, 2026)

Complaint Upheld
Autorité de Protection des Données24 February 2026Belgium
final
Complaint Upheld

Privacy enforcement record

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A job candidate complained after a company deleted a video recording of his interview, which he wanted to see. The DPA found that while the company had a reason to delete it, they should have kept it longer to respond to his request.

What happened

The company deleted a video recording of a job interview before the candidate could access it.

Who was affected

The job candidate who requested access to the video recording.

What the authority found

The DPA warned the company for potentially not complying with GDPR rules about retaining personal data for access requests.

Why this matters

This case emphasizes the importance of retaining personal data long enough to fulfill access requests. Companies should review their data retention policies to avoid similar issues.

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

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

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Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

No issues were reported by that automated check.

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Full Legal Summary
Detailed

A job candidate (the data subject) took part in an interview via videoconference with the employee of a company (the controller). The employee conducting the interview recorded the last part of the interview in order to review it later on. At a later date the controller informed the data subject that they did not receive the job. He, in turn, asked to view the video recording of his interview. The data subject repeated his request several times. However, the controller informed him that the recording was deleted. The data subject filed a complaint with the Belgian DPA (APD) regarding his right under Article 15 GDPR arguing that the controller deleted the video recording after his second request for access. The controller claimed that the retention period for the video recording had to be very short due to the purpose of processing the data subject’s personal data (i.e. the possibility for the interview to review the interview after having to leave the interview early). Furthermore, the controller argued that anonymising the video would have constituted a disproportionate effort, and, that providing a copy of the recording would have violated its business confidentiality. The DPA accepted the controller’s claim that the retention period for the video recording should have been limited in this particular case. However, the DPA also noted that the recording should have been retained for at least the period required to process the data subject’s request after receiving the first access request. Therefore, at a prima facie analysis, the DPA found that the controller may have failed to comply with Article 12(2) GDPR, Article 12(4) GDPR, and Article 15 GDPR. Therefore, it issued a warning to the controller to ensure future compliance with the above-mentioned articles.

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 37/2026 in BE

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

Details

Decision Date

24 February 2026

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-9836

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 37/2026 - Belgium (2026). Retrieved from cookiefines.eu

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