CFI Brussels - 2021/2476/A

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Revision as of 15:52, 7 June 2022 by 10.90.129.152 (talk) (source)
Trib. Civ. Bruxelles - 2021/2476/A
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Court: Trib. Civ. Bruxelles (Belgium)
Jurisdiction: Belgium
Relevant Law: Article 77 GDPR
1382 Civil code
1382 code civil
Decided: 27.05.2022
Published:
Parties:
National Case Number/Name: 2021/2476/A
European Case Law Identifier:
Appeal from:
Appeal to: Unknown
Original Language(s): French
Original Source: noyb (in French)
Initial Contributor: n/a

A Brussels Tribunal confirmed that the BE DPA did not properly handled the case of a complainant and committed a breach of its duty of care by leaving the complainant in the dark for 9 months about the handling of his request to reach an amicable solution within a reasonable period of time.

English Summary

Facts

Mr X filed a complaint with the BE DPA because his ex-wilfe was posting pictures of his son on Facebook. The litigation Chamber closed the case and suggested to the complainant to ask a mediation to the dedicated service within the DPA to reach an amicable settlement. The complainant sent such a request on 30/12/2019 but only received an answer from the DPA on 18 May 2020. After several reminders, the APD informed the complainant on 1 October 2020 that the mediation did not succeed. The complainant sued the APD for damages before the Brussels court, for not dealing with his case in a timely and with the appropriate care.

Holding

The Tribunal held that the APD lacked of diligence on the following grounds: - no explanation was given to the complainant on the different steps undertaken to handle the complaint, despite the numerous reminders sent by the complainant - not having answered to the complainant despite having committed to provide an answer before 15 August 2020 - not having handled the case within a reasonable period of time

The DPA is order to pay 1 euro to the complainant, as a symbolic amount, since no other damage could be demonstrated by the complainant as a consequence of the lack of diligence.


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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.