The Federal Public Service (FPS) Health, Food Chain Safety and Environment – Court Ruling (Belgium, 2019)

The appealed decision concerns a healthcare professional (data subject) whose appointment as a deputy member of PGC Limburg (Provinciale Geneeskundige Commissie van Limburg) was withdrawn by a decision correcting his previous appointment. The data subject submitted an access request at the FPS Public Health (controller) to figure out why his appointment was withdrawn. With no response from the FPS Public Health, he filed a first complaint with the Belgian DPA. In October 2018, the DPA ordered the FPS Public Health to respond to the data subject's request, but the FPS did not comply. The data subject then filed a second complaint in 2019. The DPA found that the FPS had not established internal procedures in compliance with the GDPR's standards. In doing so, the FPS Public Health also failed to comply with the principle of accountability (Article 5(2) GDPR). The DPA noted that the FPS acknowledged these facts and stated that there were problems with its internal procedures. The DPA decided to reprimand the FPS for its violations. Additionally, the DPA held that the FPS must implement internal procedures in line with the GPDR. In the appeal procedure, the FPS argues that: 1. the complaint has become devoid of all purpose 2. the DPA interprets the right to access to broad, violating Article 15 GDPR; 3. there was no violation of Article 12(3) and 12(4) GDPR, as it has a procedure in place to handle these requests; and 4. the DPA exceeded the limits of its competence, as the decision was based on violations that were not stated by the data subject. The Court of Appeal of Brussels held that, while the purpose of the complaint deviates from that of the appealed decision, the DPA can, on its own initiative, investigate the controller after a complaint. The Court found no trace of the FPS's alleged statement that it commited any kind of error in the record of the proceedings. However this was indicated by the DPA and, moreover, used to substantiate its decision. The Co