Uitvoeringsinstituut werknemersverzekeringen – Court Ruling (Netherlands, 2023)

Court Ruling
DPA RbDenHaag21 September 2023Netherlands
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 Dutch court ordered a public body to pay €500 in compensation to a person after a data breach where their letters were sent to the wrong address. The court recognized the psychological impact of the breach, even though the letters were returned unopened. This case underscores the importance of handling personal data carefully.

What happened

The Institute for Employee Insurance sent personal letters to the wrong address, leading to a data breach.

Who was affected

The individual whose personal letters were mistakenly sent to another address.

What the authority found

The court ruled that the Institute must compensate the individual €500 for the distress caused by the data breach.

Why this matters

This ruling reinforces the idea that organizations can be held accountable for data breaches, even if the data is not misused. It serves as a warning for all organizations to take data protection seriously.

GDPR Articles Cited

Art. 15 GDPR
Art. 82 GDPR

National Law Articles

Article 8:88 Algemene wet bestuursrecht
Decision AuthorityRb. Den Haag
Full Legal Summary
Detailed

On 16 July 2021, the controller, the Institute for Employee Insurance, a public body, informed the data subject of a data breach. Five letters meant for the data subject were sent to the the wrong address. After a complaint made by the data subject to the controller, the controller offered €250 in compensation. The data subject did not agree with the amount offered and demanded €3000. In addition, she made an access request under Article 15. The controller rejected the claim of €3000. The data subject then appealed the controller's rejection of their initial claim and made another claim for compensation under Article 8:88 AWB to the controller as a public administrative body. Article 8:88 AWB provides that "the administrative court is entitled, at the request of an interested party, to order an administrative body to compensation for damage suffered or will suffer by the interested party." The controller rejected the data subject's claim under Article 8:88 AWB. The controller argued that Article 8:88 AWB did not apply to it because the matter involved sending letters to the wrong address, was a factual action, not a formal decision with legal implications for the purposes of Article 8:88 AWB. The data subject appealed this to the Administrative Court of Den Haag. The Court treated the data subject's case as a request for compensation under Article 8:88 Awb in connection with Article 82 GDPR. The Court made an order under Article 8:88 AWB ordering the Institute for Employee Insurance to compensate the data subject for the data breach. However, the calculation of the amount to be paid was based on Article 82 GDPR. The Court determined that for the purposes of non-material damages under Article 82 GDPR, a compensatory amount of €500 was fair and appropriate. The Court considered the psychological impact of the data breach on the data subject, but noted that the five letters were returned in sealed envelopes and there was no evidence of third-party use.

Outcome

Court Ruling

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

Violations (1)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for Uitvoeringsinstituut werknemersverzekeringen in NL

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

Details

Ruling Date

21 September 2023

Authority

DPA RbDenHaag

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Uitvoeringsinstituut werknemersverzekeringen - Netherlands (2023). Retrieved from cookiefines.eu

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