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Stichting Bureau Krediet Registratie (BKR) – Court Ruling (Netherlands, 2023)

Court Ruling
Autoriteit Persoonsgegevens17 July 2023Netherlands
final
Court Ruling

Privacy enforcement record

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A Dutch court ruled that Stichting Bureau Krediet Registratie (BKR) violated privacy laws by charging fees for digital access to personal data. This decision is significant as it clarifies that individuals should access their data for free, promoting transparency and user rights.

What happened

Stichting Bureau Krediet Registratie (BKR) charged a fee for individuals to access their personal data in a digital format.

Who was affected

Individuals who requested access to their personal data held by BKR.

What the authority found

The court found that BKR's practice of charging fees and limiting access was against GDPR rules, which require free access to personal data.

Why this matters

This ruling sets a precedent that organizations must facilitate easy and free access to personal data. It highlights the importance of user rights in data protection and encourages companies to review their access policies.

Recorded legal citations
Automatically processed
Art. 12(2) GDPR
Art. 12(5) GDPR
View original scraped data
Art. 12(2) GDPR
Art. 12(5) GDPR

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

Decision AuthorityRb. Gelderland
Reviewed AuthorityAP (The Netherlands)

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Review needed — 20 March 2026.

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Full Legal Summary
Detailed

In May 2018, Stichting Bureau Krediet Registratie (BKR, the controller) began charging a fee to data subjects for requesting access to their data in a digital format. Data subjects could obtain a paper copy of their data for free, but only once a year. Following the DPA’s investigation, the controller has modified its processes. Since April 2019 data subjects have been able to access their data for free. In addition, in March 2019 the controller changed the number of times a year data subjects can receive a paper copy of their data by post. The Dutch DPA found that this practice was an infringement of privacy legislation, and imposed a fine of €830,000. controller then appealed in court. The court ruled that controller violated both Article 12(2) and Article 12(5) GDPR. The court found that controller's policy of limiting free access to once a year and charging for electronic access was inconsistent with the GDPR's requirements. The court emphasized that the GDPR requires data controllers to facilitate individuals' rights to access their data easily and free of charge, especially when data is processed electronically. The court rejected controller's argument that the GDPR's rules were unclear, stating that controller, as a professional organization, should have been aware of its obligations. The court acknowledged that the violations were related and reduced the fine by 20% due to the interconnected nature of the breaches. However, the court also found that the original fine of €830,000 was disproportionate and further reduced it to €668,000.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Stichting Bureau Krediet Registratie (BKR) in NL

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

Details

Ruling Date

17 July 2023

Authority

Autoriteit Persoonsgegevens

About this data

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

Cite as: Cookie Fines. Stichting Bureau Krediet Registratie (BKR) - Netherlands (2023). Retrieved from cookiefines.eu

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