- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 2021/AR/163 – Court Ruling (Belgium, 2021)
Privacy enforcement record
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A Belgian court reviewed a decision involving a bailiff's office that collected personal data for parking tickets. The court agreed that the office had violated GDPR rules but annulled the fine, stating it was too harsh for a first offense. This ruling emphasizes the need for proportionality in penalties.
What happened
The Court of Appeal annulled a fine imposed on a bailiff's office for GDPR violations related to personal data collection.
Who was affected
The driver who filed the complaint was affected by the bailiff's office's data collection practices.
What the authority found
The court confirmed the violations but ruled that the fine was disproportionate for a first offense.
Why this matters
This ruling reinforces that penalties should match the severity of the violation. Organizations should ensure their data practices comply with GDPR to avoid issues.
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A bailiff’s office dealing with debt recovery for parking tickets on behalf of the city requested the driver to fill in a form with personal data. The driver filed a complaint for violation of access right (Article 15), obligation to inform (Article 12), proportionality principle and illegal reuse of their data (Article 5 and 6), and minimisation principle. The Belgian Data Protection Authority considered that the form did not comply with the GDPR, and therefore issued a decision in which it reprimanded the bailiff’s office, ordered it to change its processes to comply with the GDPR and to pay a fine. The bailiff’s office, disagreeing with the decision, appealed it before the Court of Appeal. The Court confirmed its powers in accordance with Article 78 GPDR: the Court can annul and even adopt a new decision in so far as all facts and legal issues were already discussed in front of the APD. The Court can do so in case of a manifest factual or legal error by the APD. The Court confirmed the violations already noted by the Belgian DPA. However, the Court of Appeal annulled the fine (and only the fine) on the grounds that the Litigation Chamber abused its powers when inflicting an administrative fine. According to the Court, the Data Protection Authority should consider the full range of sanctions at its disposal before issuing a fine, and only impose a fine on organisations/people who do not comply with its injunctions. Inflicting an administrative fine as from the first offence was deemed contrary to the proportionality principle, which implies that the sanction must be proportionate to the infringement. In this regard, the Court noted that the DPA confirmed that the violation was not intentional and that the form with the requested personal data at stake was not sent back by the complainant. Therefore, the Court of Appeal annuls the fine, and considers that the DPA should have instead used other corrective powers. The remaining parts of the Belgian DPA 's dec
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 2021/AR/163 in BE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
26 May 2021
Authority
DPA CA
About this data
Cite as: Cookie Fines. Court case 2021/AR/163 - Belgium (2021). Retrieved from cookiefines.eu
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