Applicant unknown โ€“ Court Ruling (Netherlands, 2021)

Court Ruling
DPA RbNoord-Holland21 May 2021Netherlands
final
Court Ruling

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 Dutch court ruled that a municipality did not have to delete a minor's data from its youth assistance records. The municipality argued it was legally required to keep the data, except for two emails. This decision shows that data retention can be necessary for legal reasons, even if deletion is requested.

What happened

The municipality of Langedijk refused to delete a minor's data from its youth assistance records.

Who was affected

A minor whose mother requested the deletion of their data from municipal records.

What the authority found

The court upheld the municipality's decision to retain the data, citing legal obligations under the Youth Act.

Why this matters

This ruling highlights that legal obligations can sometimes override requests for data deletion, especially in cases involving public services and child welfare.

GDPR Articles Cited

Art. 17(1) GDPR
Art. 17(3)(b) GDPR

National Law Articles

Article 35(1) UAVG
Article 7.3.8 Jeugdwet
Article 7.3.9 Jeugdwet
Decision AuthorityRb. Noord-Holland
Full Legal Summary
Detailed

== Facts == The case concerns whether the refusal of the municipality of Langedijk to delete data on a minor contained in its youth assistance record was lawful. The request was made by the minor's mother, acting on behalf of her child. In the Netherlands, municipalities are responsible under the Youth Act (Jeugdwet) for providing what is known as youth assistance (Jeugdhulp). The municipalities must provide support for children under the age of 18 who, for example, have problems in the family, are struggling with mental health problems and similar. Anyone, citizen, or a public authority who is concerned about the wellbeing of a child can file a report of concern (zorgmelding) with the municipality. In this case, the municipality of Langedijk had received an unspecified number of reports of concern regarding the minor in recent years, which is why there is a file on the minor. The mother demanded that the municipality delete all the data it had on the minor in the file. Almost two months later, the municipality informed her that the request was complex and would take another two months to process. Less than 4 months after the original request, the municipality responded that it could not delete the requested data. The municipality took the position that it was legally required to retain the data, with the exception of two emails. As a result, the mother and the minor challenged the decision in court under Article 35(1) of the Dutch Act implementing the GDPR (UAVG).

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Applicant unknown in NL

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

Details

Ruling Date

21 May 2021

Authority

DPA RbNoord-Holland

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Applicant unknown - Netherlands (2021). Retrieved from cookiefines.eu

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