TPI - Civile - 2020/813/A

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TPI - Civile - 2020/813/A
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Court: TPI - Civile (Belgium)
Jurisdiction: Belgium
Relevant Law: Article 6(1) GDPR
Decided: 05.06.2020
Published:
Parties:
National Case Number/Name: 2020/813/A
European Case Law Identifier:
Appeal from:
Appeal to: Unknown
Original Language(s): French
Original Source: Tribunal de première instance francophone de Bruxelles, section civile (in French)
Initial Contributor: n/a

The French-speaking Tribunal of First Instance in Brussels issued an interim order declaring admissible but unfounded the action brought by Mrs. KAHN. Indeed, following a misidenfication consisting of wrongly connecting her to the EGAR company, Mrs. KAHN asked for the deletion of all her personal data (name, surname, date of birth, address) mentioned in GRAYDON’s file, including those related to other companies.

English Summary[edit | edit source]

Facts[edit | edit source]

GRAYDON wrongly associated Mrs. KAHN’s name with the EGAR company. Consequently, on 31 July 2019, Mrs. KAHN was requested by a bailiff to pay the amount of 537.02 euros on behalf of EGAR as part of the mandatory annual contribution. Mrs. KAHN claimed the existence of a misidentification and challenged the lawfulness of the processing of her personal data. She requested the deletion of all her personal data appearing in GRAYDON’s file.

Dispute[edit | edit source]

Does a misidentification of a data subject in connection with a specific company in a register and a request for deletion arising from this data subject necessarily imply that any processing of his/her personal data in this register is unlawful under article 6 GDPR?

Holding[edit | edit source]

The Tribunal declared the action admissible and observed that GRAYDON spontaneously deleted Mrs. KAHN's personal data in connection with EGAR. However, the Tribunal stated that the processing of her personal data by GRAYDON in relation to other legal persons is not automatically unlawful. Despite the withdrawal of consent by Mrs. KAHN, GRAYDON may base the processing of personal data on a legitimate interest (Article 6(1) GDPR).

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English Machine Translation of the Decision[edit | edit source]

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