- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Commissariat Général aux Réfugiés et Apatrides (CGRA) – Dismissed (Belgium, 2023)
Privacy enforcement record
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The Belgian Data Protection Authority dismissed a complaint against the Commissariat Général aux Réfugiés et Apatrides after an employee took photos of an asylum applicant's social media. The authority found that the employee's actions did not breach data protection laws, as the photos were deleted promptly. This case shows that even when personal devices are used, proper practices can prevent violations.
What happened
An employee took photos of an asylum applicant's social media with a private phone during a hearing.
Who was affected
An asylum applicant whose social media was photographed by an employee of the CGRA.
What the authority found
The authority concluded that the employee's actions did not constitute a breach of GDPR, as the photos were taken for the applicant's benefit and deleted afterward.
Why this matters
This case illustrates the importance of having clear policies regarding the use of personal devices in sensitive situations. Organizations should train employees on proper data handling practices to avoid potential issues.
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During a hearing as part of an asylum application, an employee of the Office of the Commissioner General for Refugees and Stateless Persons (controller) took photographs with his private phone of social networks of the applicant (data subject). The photographs were added to his file. The data subject was concerned whether this was standard practice and what happened with the pictures on the mobile phone. The CGRA responded to the data subject that the employee only had his best interests at heart, i.e. an effective and swift procedure. Unsatisfied, the data subject filed a complaint with the Belgian DPA. In its defense, the controller stressed that it provides its employees with work equipment and that there is no BYOD (Bring Your Own Device) policy. The usage of a private mobile phone was thus not allowed. It emphasised that this practice is neither widespread nor official and this has been communicated to the employee in question, as well as all other employees to prevent similar situations from occurring. The controller also added that the pictures were deleted immediately after the interviews. The Belgian DPA established that the taking of photographs with a private phone constituted processing of personal data according to Article 4(1) and Article 4(2) and that the employer was the controller according to Article 4(7), regardless of the employee acting in breach or in compliance of internal procedures. The DPA noted that the awareness measures to prevent further incidents constituted a good practice. Concerning the use of private phone, the DPA stated that the implementation of BYOD for work related activities is not a problem per se but can present certain risks, a risk assessment is thus required, especially when dealing with personal data in a sensitive context, such as an asylum application. In this case, the DPA concluded that nothing pointed towards a breach of the GDPR, regardless of the usage of personal equipment being against the controller's policy. The DPA reminded that the pictures were taken in favour of the data subject and were removed immediately from the personal device when retention was no longer required. Based on the above, the DPA dismissed the complaint.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Commissariat Général aux Réfugiés et Apatrides (CGRA) in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Commissariat Général aux Réfugiés et Apatrides (CGRA) - Belgium (2023). Retrieved from cookiefines.eu
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