Juge de Paix de Forest - 19A1286

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Juge de Paix de Forest - 19A1286
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Court: JP 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 Justice of Peace of Forest in Brussels 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.

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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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