- Enforcing jurisdiction
- Netherlands · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Authoriteit Persoonsgegevens – Court Ruling (Netherlands, 2023)
Privacy enforcement record
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A court ruled that the Dutch Tax Authority failed to respond properly to a person's request for access to their personal data. The authority was warned for not meeting the required time limits. This case underscores the importance of timely responses to access requests under data protection laws.
What happened
A person requested access to their personal data from the Dutch Tax Authority but faced delays in receiving a response.
Who was affected
The individual who filed a complaint against the Dutch Tax Authority for not providing access to their data.
What the authority found
The court found that the Tax Authority violated the requirement to respond to access requests within a set timeframe.
Why this matters
This case emphasizes the obligation of authorities to respond promptly to access requests, reinforcing individuals' rights under data protection laws.
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On 17 May 2020, the data subject exercised their right of access (Article 15 GDPR) at the Dutch Tax Authority, de belastingdienst (controller). The controller refused to provide access to the relevant files, which lead the data subject to file a complaint with the Dutch DPA on 17 June 2020. On 25 March 2021, the DPA rejected the complaint of the data subject. The reason for the rejection was not specified in this decision. On 2 November 2021, the data subject appealed the decision. According to Dutch administrative law, the DPA itself had to assess this appeal (in Dutch: bezwaar). On 3 May 2022, the DPA requested the controller to provide information regarding the data subject to assess this appeal. The controller replied on the same day and provided details about ongoing financial procedures between the controller and the data subject. On 2 June 2022, the controller made a decision regarding the data subject's access request. It is not clear from this ruling if the controller provided access and if so, in what from. On 11 July 2022, the DPA agreed with the appeal of the data subject and warned the controller for not answering the access request within the time limit, in violation of Article 12(3) GDPR. The data subject, who was apparently not satisfied, appealed this decision to the District court of Den Haag (in Dutch: Beroep). On 18 October 2022, the data subject filed another complaint with the DPA against the controller because it provided information to the DPA on 3 May 2022. In his appeal, the data subject filed claims against both the DPA and the tax authority. Regarding his claim against the controller, the data subject stated that the controller never informed him about its decision of 2 June 2022 regarding the access request. The data subject claimed a compensation of €25,000. Regarding his claim against the DPA, he stated that the DPA did not properly execute its tasks under the GDPR. For this, the data subject requested €25,000 for imma
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Authoriteit Persoonsgegevens in NL
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
26 April 2023
Authority
DPA RbDenHaag
About this data
Cite as: Cookie Fines. Authoriteit Persoonsgegevens - Netherlands (2023). Retrieved from cookiefines.eu
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