Data subject versus College van burgemeester en wethouders van de gemeente Amersfoort (the municipal executive board of Amersfoort) – Court Ruling (Netherlands, 2025)
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A court ruled that the municipality of Amersfoort could keep a person's data in a local safety program despite the person's objections. This decision is important because it shows that authorities can retain data for public safety reasons, even if individuals disagree.
What happened
The municipality continued to store a person's data in a public safety program despite their request to stop.
Who was affected
The individual whose personal data was included in the local safety program.
What the authority found
The court found that the municipality had a valid reason for processing the data under GDPR, prioritizing public safety over the individual's concerns.
Why this matters
This ruling indicates that public authorities can justify data retention for safety purposes, which may affect how small businesses handle personal data in similar situations. It's a reminder to review data retention policies carefully.
GDPR Articles Cited
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The data subject was placed in the persoonsgerichte aanpak (PGA), a local multi-agency intervention programme in Amersfoort aimed at tackling repeated public disorder and safety issues. The police had referred him in December 2022 following multiple complaints of nuisance and repeated negative encounters, documented in a formal police report. His personal data was shared between various municipal partners under the PGA privacy covenant. In February 2024 the municipality informed the data subject that his PGA file had been closed due to the absence of further incidents, but that his data would remain stored for two years. The data subject objected, arguing that his inclusion in the PGA was unfounded, had damaged his reputation, and that continued storage constituted unlawful processing. He sought cessation of the processing under Article 21 GDPR. The municipality rejected his objection, upholding the continued retention of the data. The Court held that the processing of personal data pursued a task of public interest under Article 6(1)(e) GDPR, namely maintaining public order and safety. It accepted the police reports and the PGA expert’s assessment as a sufficient basis for the referral, and held that keeping the data for two years was proportionate to allow swift intervention if problems re-emerged. Although it was held that the data subject had a valid interest in challenging the lawfulness of the processing, the Court concluded that the municipality had demonstrated compelling legitimate grounds that outweighed his personal interest under Article 21 GDPR. The Court found that the municipality had not explained its decision properly at the time, so it formally struck down that decision. However, because the data processing itself was lawful, the outcome remained the same and the data could continue to be stored. The data subject’s appeal was therefore technically successful, but it did not stop the processing. The municipality was ordered to refund the court fe
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Data subject versus College van burgemeester en wethouders van de gemeente Amersfoort (the municipal executive board of Amersfoort) in NL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Data subject versus College van burgemeester en wethouders van de gemeente Amersfoort (the municipal executive board of Amersfoort) - Netherlands (2025). Retrieved from cookiefines.eu
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