- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Madame X1 and Monsieur X2 – Complaint Upheld (Belgium, 2023)
Privacy enforcement record
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Belgium's data protection authority upheld complaints against a platform for not responding to users' requests to delete their accounts. This ruling is significant because it shows that companies must take user requests seriously. The lack of a fine indicates the authority focused on ensuring compliance rather than punishing the companies.
What happened
The platform failed to delete users' accounts and respond to deletion requests.
Who was affected
Users of the platform who requested account deletions were affected.
What the authority found
The authority found that the platform did not adequately address users' requests for data deletion, violating data protection principles.
Why this matters
This case highlights the importance of timely responses to user data requests. Companies should improve their processes to handle such requests to avoid potential complaints.
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Entities Involved
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To book an appointment with a dentist through 'Platform Z' (the platform), which aims to facilitate contact with healthcare professionals and doctors, complainant n.1 had to make an account. After the account creation, complainant n.1 requested the platform to delete her account and her personal data, to which she did not receive any reply. Thus, on 4 December 2020, complainant n.1 lodged a complaint with the Belgian DPA against the company that created the platform and a shareholder company, which she claimed to be joint-controllers, for not taking any action to comply with her request. On 31 July 2021, complainant n.2 also informed the Belgian DPA that to create an account on the platform, he had to provide his National Register Number (NRN). Complainant n.2 explained to have emailed the company stating that their request was illegal, to which the platform explained that the NRN was needed as a security measure. Consequently, complainant n.2 did not create an account. On 2 August 2023, complainants n.1 and no.2 were informed that the hearing would take place on 15 September 2023. In response to the invitation to the hearing, complainant n.2 indicated that he had no intention of filing a complaint other than to point out a potential violation to the DPA. The DPA still found itself able to continue the proceedings since it considered the alleged breach to be sufficiently serious and to be revealing the existence of a practice likely to infringe the data protection principles. In light of this, the DPA also conducted an ex officio investigation into the legal basis of the data processing of the non-registered health professionals carried out by the controller for its platform. The Belgian DPA decided to join the two complaints as it considered them closely related and to ensure consistency in its decisions. Firstly, concerning the complaint of complainant n.1, the DPA addressed whether the company that created the platform and the shareholder company could be con
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Madame X1 and Monsieur X2 in BE
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
10 November 2023
Authority
Autorité de Protection des Données
About this data
Cite as: Cookie Fines. Madame X1 and Monsieur X2 - Belgium (2023). Retrieved from cookiefines.eu
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