Juge de Paix de Forest - 19A1286: Difference between revisions
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=== Facts === | === Facts === | ||
A STIB | A STIB user was fined because he did not validate his ticket before entering the bus, although he had a valid transportation ticket. He was sued by the STIB before the local judge (Juge de paix). | ||
=== Dispute === | === Dispute === | ||
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=== Holding === | === Holding === | ||
The judge considered that the processing of the data of the users including the data on their journeys, even in two separate databases, was not in line with the GDPR, because the explicit purposes were not determined in advance, and because the legal basis for doing so was not clear. As a consequence, the judge decided that the fine should not be paid. | The judge considered that the processing of the data of the users including the data on their journeys, even if stored in two separate databases, was not in line with the GDPR, because the explicit purposes were not determined in advance, and because the legal basis for doing so was not clear. As a consequence, the judge decided that the fine should not be paid. | ||
== Comment == | == Comment == | ||
Revision as of 08:06, 7 September 2021
| Juge de Paix de Forest - 19A1286 | |
|---|---|
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| Court: | Juge de Paix de Forest (Belgium) |
| Jurisdiction: | Belgium |
| Relevant Law: | Article 5 GDPR Article 6 GDPR |
| Decided: | 09.06.2020 |
| Published: | |
| Parties: | |
| National Case Number/Name: | 19A1286 |
| European Case Law Identifier: | |
| Appeal from: | |
| Appeal to: | Unknown |
| Original Language(s): | French |
| Original Source: | Soon online (in French) |
| Initial Contributor: | n/a |
The Brussels judges decided that the user of the Brussels Public transportation (STIB) with a valid transportation ticket does not have to pay the fine for not having validated his ticket since the processing of data resulting from this validation was at odd with the GDPR.
English Summary
Facts
A STIB user was fined because he did not validate his ticket before entering the bus, although he had a valid transportation ticket. He was sued by the STIB before the local judge (Juge de paix).
Dispute
Is the processing of data of the users compliant with the GDPR ?
Holding
The judge considered that the processing of the data of the users including the data on their journeys, even if stored in two separate databases, was not in line with the GDPR, because the explicit purposes were not determined in advance, and because the legal basis for doing so was not clear. As a consequence, the judge decided that the fine should not be paid.
Comment
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English Machine Translation of the Decision
The decision below is a machine translation of the French original. Please refer to the French original for more details.
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