Mrs Y (The Complainant) – Complaint Upheld (Belgium, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Belgian countess wanted her noble title removed from her ID card and passport, arguing it wasn't necessary for identification. The Belgian Data Protection Authority agreed, saying only essential information should be on these documents. This decision highlights the importance of minimizing personal data on official IDs.
What happened
A countess requested her noble title be removed from her ID card and passport, arguing it wasn't needed for identification.
Who was affected
The countess, who is a member of the nobility, was affected by the inclusion of her title on her identity documents.
What the authority found
The Belgian DPA found that including the noble title on identity documents was unnecessary and violated principles of data minimization and purpose limitation under GDPR.
Why this matters
This ruling emphasizes the need for public authorities to limit personal data on official documents to what is strictly necessary. It serves as a reminder for organizations to evaluate the necessity of data they collect and display.
GDPR Articles Cited
Entities Involved
The complainant, a member of the nobility (countess) addressed her municipality in order to be able to have her identity card and passport drawn up without the mentioning of her title. The defendant considered that the claim was not admissible to the extent that the title would, in her view, be an integral part of the name of the complainant and therefore should appear on the identity card as well as on the passport for the purpose of identification. Does the mentioning of the title of a member of the nobility on his or her identity card comply with the principles of purpose limitation and data minimization and is there a legal basis (public interest mission) justifying this? As for the respect of the principles of minimization and purpose limitation (Article 5(1)(c) and Article 5(1)(b) of the GDPR): The Belgian DPA considers that the indication of the surname, first name, date and place of birth, as well as the complainant's national registry number are sufficient to identify her. The fact that until 2011, the mention of the title of nobility on the passport was optional furthermore tends to show that the title is not necessary for the identification of the concerned person. The Belgian DPA further considers that insofar as the identity card is called upon to be used regularly and on a daily basis, it is necessary to be all the more vigilant that only the information which is strictly necessary for identification should appear on it. As for the legal basis for the exercise of a public interest mission (Article 6(1)(e) of the GDPR): In the current state of the law, the Belgian DPA notes that there is an uncertainty concerning the obligation or not to display the title next to the name on identity documents. Although the Royal Decree (RD) of 1822 relating to titles of nobility and qualities remains in effect, the lex specialis, the law of 19 July 1991 relating to population registers, identity, foreigner's cards and residence documents does not mention the titl
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Mrs Y (The Complainant) in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Mrs Y (The Complainant) - Belgium (2021). Retrieved from cookiefines.eu
Last updated: