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University of Utecht – Court Ruling (Netherlands, 2023)

Court Ruling
DPA RbMidden-Nederland9 November 2023Netherlands
final
Court Ruling

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The Rb. Midden-Nederland court in the Netherlands ruled that the University of Utrecht failed to respond to a student's access request within the required time frame. The court awarded the student €707 in damages for this violation of their rights.

What happened

The University of Utrecht did not respond to a student's request for access to their records within the one-month deadline set by GDPR.

Who was affected

The student who requested access to their personal records from the University of Utrecht.

What the authority found

The court found that the university violated GDPR by not responding to the access request in time and awarded damages to the student.

Why this matters

This case underscores the importance of timely responses to access requests under GDPR. Educational institutions must prioritize compliance to avoid legal repercussions and protect student rights.

Recorded legal citations
Automatically processed
Art. 12(3) GDPR
Art. 82(1) GDPR
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Art. 12(3) GDPR
Art. 82(1) GDPR

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Decision AuthorityRb. Midden-Nederland

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Processing notes: articles corrected, amount discrepancy, authority corrected.

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Full Legal Summary
Detailed

On 2 December 2022, the data subject made an access request to the University of Utrecht (the controller), under Article 15 GDPR. In the request, the data subject asked for all information about my [their] records'. On 11 January 2023, the controller responded asking the data subject to clarify their request, as the original request was too general and not specific enough. On 13 January 2023, the data subject replied, noting that they did not need to provide the controller with any more information. On 10 February 2023, the controller set aside the data subject's request due to their lack of response and notified them thereof. The data subject subsequently brought a claim against the controller in the Central Netherlands District Court for the lack of response to their access request. The Court held that the controller was in violation of Article 12(3) GDPR, as they had failed to respond to the data subject's access request within the one-month deadline. The Court noted that, while the controller did respond with a request for more information, this response was after the one-month deadline established by Article 12(3) GDPR. Usually, a request for more information would have suspended the one-month deadline. However, in this case it was not suspended, as the response was done after the deadline had passed. The Court further held that there was no infringement of Article 15 GDPR, as the data subject did not respond to the controller's request for more information. As such, the controller was entitled to set aside the access request on 10 February 2023. As a result, the Court held that the controller was liable for damages for their violation of Article 12(3) GDPR, and awarded the data subject €707 in damages. The amount awarded was calculated on the basis of domestic administrative law, as the controller (the University of Utrecht) is an administrative body.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for University of Utecht in NL

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

Details

Ruling Date

9 November 2023

Authority

DPA RbMidden-Nederland

About this data

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

Cite as: Cookie Fines. University of Utecht - Netherlands (2023). Retrieved from cookiefines.eu

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