The right of inspection under the GDPR cannot be limited by the conditions set forth in Dutch document discovery
Gelderland District Court March 22, 2023, IT 4243; ECLI:NL:RBGEL:2023:1575 (plaintiff v. De Volksbank) In this lawsuit, the plaintiff sued De Volksbank for processing personal data in various administrations and registers. The plaintiff claims that it is entitled to access this personal data and information about the source of this data. The Volksbank has indicated that the plaintiff can obtain inspection by filing a request for inspection. The plaintiff's attorney sent a letter requesting a further explanation of what information about the plaintiff was requested from third parties and what was done with it. The court ruled that the plaintiff is entitled to see the personal data processed by De Volksbank, including information about the sources of data not collected from the plaintiff. (Machine translated)
The District Court of Gelderland has ruled in an interlocutory judgment that the right of inspection under Article 15 of the General Data Protection Regulation (GDPR) is separate from Article 843a of the Code of Civil Procedure (Rv). The right of inspection under the GDPR cannot be limited by the conditions set forth in Section 843a Rv. The court did rule that the claim for production of "the investigation file" is not covered by the right of inspection under the AVG and should therefore be assessed under Section 843a Rv. However, this claim was rejected because it was not clear what exactly was meant by it and it did not refer to "certain documents."