Municipality of Eindhoven – Court Ruling (Netherlands, 2020)
General GDPR enforcement action
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A Dutch court ruled that a welfare recipient could not access the name of the person who reported them for investigation, nor could they have their bank details erased. The court upheld the municipality's decision, citing legal obligations to retain certain data. This case illustrates the limits of access and erasure rights under GDPR.
What happened
The court ruled that a welfare recipient could not access the reporter's name or erase their bank details.
Who was affected
A welfare recipient who requested access to the name of a reporter and the erasure of their bank details.
What the authority found
The court decided that the recipient could not access the reporter's name or erase their bank details due to legal obligations and relevance.
Why this matters
This ruling clarifies that access and erasure rights under GDPR have limits, especially when legal obligations require data retention.
GDPR Articles Cited
National Law Articles
Appellant has been receiving welfare since 2011. In 2017, the municipality carried out an investigation triggered by an anonymous tip. As a result of this investigation the municipality concluded that the appellant had no right to receive the benefit and was supposed to pay it back. Appellant submitted a series of access and erasure requests to the municipality in 2018. Among other things, he wanted to have his bank details erased and he wanted to obtain access to the name of the reporter whose tip led to the investigation. The municipality refused to provide both and Court of First Instance upheld this part of the municipality's decision. Appellant is challenging the decision. The Council declared the appeal invalid. Appellant cannot access the name of the reporter because: a) the municipality says it doesn't have it and there is no reason to doubt that; b) even if they did have the name, appellant is not entitled to have access to it because it doesn't relate to him; c) the reporter is not the source of information, so Article 15(1)(g) does not apply. Appellant also cannot have his bank details removed because of the Archive act 1995 (Archiefwet 1995): the municipality is under the legal obligation to keep the information about social benefits for 10 years.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (1)
Other cases involving Municipality of Eindhoven in NL
Details
About this data
Cite as: Cookie Fines. Municipality of Eindhoven - Netherlands (2020). Retrieved from cookiefines.eu
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