APD/GBA (Belgium) - 61/2021

APD/GBA (Belgium) - 61/2021
Authority:	APD/GBA (Belgium)
Jurisdiction:	Belgium
Relevant Law:	98 Law on the Belgian DPA
Type:	Complaint
Outcome:	Other Outcome
Started:
Decided:	19.05.2021
Published:	20.05.2021
Fine:	None
Parties:	n/a
National Case Number/Name:	61/2021
European Case Law Identifier:	n/a
Appeal:	Appealed - Overturned
Original Language(s):	Dutch
Original Source:	Beslissing ten gronde 61/2021 van 19 mei 2021 (in NL)
Initial Contributor:	Enzo Marquet

The Belgian DPA withdrew a previous decision, considering that it was appealed by the defendant on the ground that he was not sufficiently informed of the grievance against him. The Litigation Chamber of the DPA reopened the case and gave the parties the chance to submit their arguments.

English Summary

Facts

The Court of Markets (the Court of Appeal for the Belgian DPA) decided in two separate cases (2020/AR/813 and 2021/AR/1159 ) that it is essential to inform the relevant parties of the exact alleged infringements. Since a controller appealed a decision (5/2021) on the same grounds, the DPA decided to withdraw the decision and to reopen the case, giving the parties the possibility to submit further observations.

Dispute

Were the parties sufficiently informed about the allegations and/or infringements of which they may be guilty?

Holding

The Belgian DPA reopens the case, parties can submit new observations.

Comment

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English Machine Translation of the Decision

The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.

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                                                                           Dispute Chamber



                                         Decision on the merits 61/2021 of 19 May 2021





File number: DOS-2019-04867



Subject: Withdrawal decision 5/2021 of 22 January 2021





The Disputes Chamber of the Data Protection Authority, composed of Mr Hielke

Hijmans, chairman and Messrs. Jelle Stassijns and Frank De Smet, members;



Having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April

2016 on the protection of individuals with regard to processing

of personal data and on the free movement of such data and to revoke

Directive 95/46 / EC (General Data Protection Regulation);


In view of the law of 3 December 2017 establishing the Data Protection Authority;



Whereas the Marktenhof in its rulings 2020 / AR / 813 of November 18, 2020 and

2021 / AR / 1159 of February 24, 2021 has emphasized the importance of those involved in advance

to inform the handling of the file of the exact allegations and / or infringements

of which he could be guilty;



Whereas Y during the appeal to the Marktenhof against the decision on the merits 5/2021

of 22 January 2021 stated that she was in the proceedings preceding this decision

has been insufficiently informed about the exact allegations and / or infringements;



Has decided to:

    • the decisions on the basis of 5/2021 of January 22, 2021 directed against the present

        decision to withdraw.

    • reopen the proceedings before the Disputes Chamber and the parties with due observance

        to request the provisions of Article 98 of the GBA Act to file new defenses

        serve. Decision on the merits 61/2021 - 2/2





The parties will be informed by separate letter of the new terms within which they will

are expected to submit their defenses to the Disputes Chamber.



On the basis of Article 108, §1 WOG, an appeal can be lodged against this decision within

a period of thirty days from the notification at the Marktenhof, with the

Data protection authority as defendant.








(Get) Hielke Hijmans

Chairman of the Disputes Chamber