Court case 2021/2476/A – Court Ruling (Belgium, 2022)

Court Ruling
DPA CFI27 May 2022Belgium
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 Belgian court found that the country's data protection authority took too long to handle a complaint about Facebook photos. The court ordered the authority to pay a symbolic 1 euro to the complainant for not acting quickly enough. This case highlights the importance of timely responses from authorities handling privacy complaints.

What happened

The Belgian DPA was found to have delayed handling a complaint about Facebook photos, leading to a court ruling against it.

Who was affected

The complainant, Mr. X, who was concerned about his ex-wife posting pictures of their son on Facebook.

What the authority found

The court ruled that the Belgian DPA failed to act diligently and communicate effectively with the complainant, resulting in a delay.

Why this matters

This decision emphasizes the need for data protection authorities to handle complaints promptly and transparently. It serves as a reminder for authorities to maintain clear communication with complainants.

GDPR Articles Cited

National Law Articles

1382 Civil code
1382 code civil
Decision AuthorityCFI
Full Legal Summary
Detailed

Mr X had filed a complaint with the Belgian DPA because his ex-wife was posting pictures of his son on Facebook. The litigation Chamber closed the case. The litigation Chamber further suggested the complainant to request a mediation to a dedicated service within the DPA, in order to reach an amicable settlement witht he other party. The complainant started the procedure on 30 December 2019 and only received an answer from the DPA on 18 May 2020. After several reminders, on 1 October 2020, the DPA informed the complainant that the mediation did not succeed. The complainant sued the DPA for damages before the Brussels court for not dealing with his case in a timely manner and with the appropriate care. The Tribunal held that the Belgian DPA lacked diligence on the following grounds. First, no explanation was given to the complainant on the different steps undertaken to handle the complaint, despite the numerous reminders sent by the complainant. Second, no response was provided despite the DPA having committed to do so before 15 August 2020. Third, not having handled the case within a reasonable period of time. The DPA was ordered to pay a symbolic amount of 1 euro to the complainant, since no further damage could be demonstrated by the complainant as a consequence of the lack of diligence.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 2021/2476/A in BE

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

Details

Ruling Date

27 May 2022

Authority

DPA CFI

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Cite as: Cookie Fines. Court case 2021/2476/A - Belgium (2022). Retrieved from cookiefines.eu

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