Enforcing jurisdiction
Netherlands · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

Court case 202201620/1/A3 – Court Ruling (Netherlands, 2023)

Court Ruling
DPA RVS16 August 2023Netherlands
final
Court Ruling

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

A Dutch court ruled that a municipality must clarify whether it holds personal photographs of a homeowner taken for tax purposes. The court found that the municipality's refusal to erase the photographs was not justified. This decision reinforces the rights of individuals to access their personal data.

What happened

The court ruled that the municipality must clarify if it holds personal photographs of a homeowner.

Who was affected

The homeowner whose property photographs were taken and stored by the municipality.

What the authority found

The court decided that the municipality's refusal to provide information about the photographs was invalid under GDPR.

Why this matters

This ruling emphasizes the importance of individuals' rights to access their personal data and the need for authorities to provide clear information.

Recorded legal citations
Automatically processed
Art. 6 GDPR
Art. 17 GDPR
Art. 4(1) GDPR
Art. 82 GDPR
View original scraped data
Art. 4(1) GDPR
Art. 6(GDPR)
Art. 17(GDPR)
Art. 82(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityRvS

Source checks

Secondary-source text retrieved.

Automated check recorded — 21 March 2026.

No issues were reported by that automated check.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The data subject’s home was photographed in 2012 for the purposes of a tax valuation, under the Property Valuation Act. The photographs were initially processed lawfully (for tax valuation), but then afterwards put in a database and used for other purposes. The Municipal Executive of Breda (the controller) held these photographs and initially was the body responsible for tax valuations. In 2019, the Municipal Executive of Breda transferred these responsibilities to the West Brabant Tax Authority of Breda, which then became the competent public body for handling tax valuations in Breda. On 26 April 2020, the data subject (appellant) requested the Municipal Executive of Breda (the controller) to erase the photographs from their internal database. The photographs were focused on the architectural features of the home and the overall state of the property. However, from these photographs, the data subject’s license plate could be seen, as well as framed family photographs in the home. On 15 May 2020, the Municipal Executive of Breda refused to erase the photographs, because the database that they were held in was transferred to the West Brabant Tax Authority of Breda and erased from the Municipal Executive’s systems. The data subject objected to the Municipal Executive’s refusal and made a formal complaint against the Municipal Executive’s decision through its internal disputes system. On 24 November 2020, the Municipal Executive declared the claim unfounded and rejected the data subject’s request for damages. On 4 February 2022, the data subject appealed the Municipal Executive’s decision in court. The Court dismissed the appeal and declared the case inapplicable. The data subject appealed this decision. On 4 July 2023 the appeal was declared admissible by the Netherlands’s Administrative Jurisdiction Division of the Council of State (the country’s highest administrative court). The Court’s decision addressed two key issues, the applicability of the GDPR to th

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 202201620/1/A3 in NL

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

Details

Ruling Date

16 August 2023

Authority

DPA RVS

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Court case 202201620/1/A3 - Netherlands (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: