Case law "Budget of substitute damages under the GDPR" Art. 81(1) RO. Estimate of substitute damages. Substantiation of challenge to amount of damages. GDPR. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:HR:2023:1669
Case law Overijssel court rules on wrongful conduct by camera use in shared space Camera use shared space. Invasion of privacy? Unlawful conduct? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBOVE:2023:4831
Case law Preliminary questions on access to medical records and position of care provider ECLI:NL:HR:2023:1682 Prejudicial questions (art. 392 Rv). Health law. Extrajudicial handling of medical professional liability cases. Can treating lawyer access medical records without patient's consent? Must provider take substantive position on claim if such consent is not given? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:HR:2023:1682
Case law "Gelderland court protects CBR employees from stalking: remove personal data from website and ban tracking, filming and photographing" stalking CBR employees, balancing right to privacy and freedom of expression and freedom of the press. order to remove personal data of CBR employees from website, prohibition to post personal data on websites and to follow and photograph and film employees (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:
Case law Damages: Abstract or concrete in light of the General Data Protection Regulation and anticipatory application of Art. 22(7) Rv? Compensation law. Substitute damages. Estimate of damages. Abstract or concrete? Appeal to the General Data Protection Regulation. Art. 22 Rv. Anticipatory application Art. 22 (7) Rv from Bill on simplification and modernization of law of evidence? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:PHR:2023:935
Case law EU Court rules on GDPR right to obtain a first copy of personal data processed free of charge Under the General Data Protection Regulation (AVG), any person has the right to ask a processor of personal data to provide access to the personal data relating to him that are being processed. To this end, the data subject may submit a request to the processor. The data subject has
Case law Amsterdam court rejects request under the AVG Rejection of request under the AVG (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:5743
Case law "Amsterdam court bans technology company from placing tracking cookies without consent" A technology company may no longer put tracking cookies on a man's computer and/or other devices without his consent because it violates fundamental rights and the AVG. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:6530
Case law EU Publications Office publishes Annual Report on Fundamental Rights 2023 The EU Fundamental Rights Agency's (FRA) Fundamental Rights 2023 Report provides an overview of key developments in the field in 2022, with both successes and areas of concern. The report also presents FRA's views on these developments, including a summary of the evidence supporting these views. (Machine translated) https://ecer.
Case law "Limburg court rules: Removal of 2 out of 3 cameras in neighbor dispute" Summary judgment, neighbors, removal of 3 cameras in connection with sound recordings, award as to 2 of the 3 cameras. Plaintiffs seek removal of 3 cameras placed by defendants (neighbors) on their property. It is established that the cameras record sound within a distance of several meters from the cameras.
Case law "Dispute between neighbors over security cameras: Request for penalty payment rejected in summary proceedings at Gelderland District Court" Summary judgment. Dispute between neighbors over security cameras. Claim to impose penalty payment rejected. Urgent interest lacking. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBGEL:2023:5400
Case law "Hacker sentenced to partial damages in former student's case against college" A hacker stole personal data of several (former) students of the college. A former student asked for damages. The district judge awarded partial damages. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBGEL:2023:5435
Case law "Rotterdam District Court rules on legality of disclosure of personal data regarding documentary 'Nederland Fraudeland'" Police Data Act; Judicial and Criminal Records Act; Nullity of media contract? Unlawful disclosure of personal data to third parties? Unlawful invasion of privacy? This case revolves around a documentary ('Nederland Fraudeland') made by Selfmade about the FIOD. Prior to the making of the documentary, conversations were held between… (Machine
Case law "Interim injunction: rejection of claim for removal of data and payment of cancellation insurance claim" Brief. Insurance case. Claim for removal of information from records and payment of cancellation insurance claim denied. Plausible that plaintiff acted with intent to induce defendant to make a payment under the cancellation insurance policy when he knew that the insurance did not provide coverage. Plaintiff's actions posed a potential
Case law Dispute over access to personal data of minor and work notes employees institution AVG. Dispute between parent and youth care institution about access to personal data of her minor daughter over whom the parent has custody. Also right to inspect personal work notes of employees of the institution and the file of an institution previously involved in the care? (Machine translated) https://deeplink.
Case law Acting of publisher DPG does not justify GDPR fine Amsterdam District Court August 10, 2023, IT 4351; ECLI:NL:RBAMS:2023:5074 (DPG Media/AP) Administrative law. In this case the District Court of Amsterdam rules on the appeal of DPG Media B.V. (hereinafter: DPG) against a fine imposed on it by the Personal Data Authority (hereinafter: AP)
Case law Business messages sent from private phone also covered by personal data access request Rotterdam District Court July 17, 2023, IT 4349; ECLI:NL:RBROT:2023:7182 (Claimant vs. Respondent) Administrative Law. In this case, the court considers the claimant's appeal. This appeal focuses on a decision of the Respondent, which decided that the Claimant was not entitled to a penalty payment for a
Case law "Amsterdam court orders removal from Internal Reference Register" Removal from the Internal Reference Registry. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:3670
Case law Request for release of email correspondence between housing foundation and university under GDPR and Section 843a Rv DCC The dispute concerns a request for delivery of documents (on pain of a penalty) primarily under Article 15 AVG and - in addition - under Article 843a Rv. It concerns email correspondence regarding the applicant between the housing foundation and the university since January 1, 2020, in particular (but not
Case law EU Court of Justice: Personal data must be interpreted broadly Court of Justice EU June 22, 2023, IT 4301, ECLI:EU:C:2023:501 (J.M.v. Pankki) In this case, for the benefit of J.M., who worked for a while at the bank Pankki S and was also a customer there himself, some questions are put to the
Case law ING collection fraud justifies registration Amsterdam District Court May 25, 2023, IT 4295; ECLI:NL:RBAMS:2023:3210 (Applicant/ING) This case involved a large-scale collection fraud in which the applicant was involved. On an online platform of Universe.com, people could register events and buy tickets to these events. The payment transactions were arranged
Case law "Arnhem-Leeuwarden Court of Appeal rules: BKR must remove registered credits under GDPR" General Data Protection Regulation. BKR must delete the credits it registers in the Central Credit Information System (hereafter CKI) at the request of the credit providers, or at least at the request of the credit providers, the particularity codes it registers (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:
Case law Cell phone provider liability limitation in simswap fraud. Consumer sues cell phone provider for misappropriation of crypto after simswap fraud. Can phone provider successfully invoke limitation of liability in its terms and conditions? (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBDHA:2023:5430
Case law "Inadmissibility of GDPR access request due to late filing - Amsterdam District Court" GDPR access request of personal data. Inadmissible petition filed late. (Machine translated) https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:2523
Case law "Aruba Court of First Instance rules that mandatory biometric time clock is not an impermissible invasion of privacy" Labor. The requirement imposed by ANSA on employees to use its biometric time clock is not unlawful in the sense of an impermissible invasion of their right to privacy. ANSA has not unilaterally changed the terms and conditions of employment of air traffic controllers in the sense of requiring air
