APD/GBA (Belgium) · 9 November 2020
Hospital
Name not published.
About: Accountability, Consent, Data principles, Special categories
- Regulator
- APD/GBA (Belgium)
- Decided
- 9 November 2020
- Country
- Belgium
- Sector
- Not given
- Regulator’s reference
- 72/2020
- Fino case number
- 2020/BE/037
What happened
A hospital was retaining a part of the salary of its employees being members of a trade union. This practice was based on an oral agreement with the work council, plus a written document from the employees. However, the DPA concluded that - the consent could not be considered as valid due to the fact that no mention made of the right of the employees to withdraw their consent. The litigation chamber also concluded that the precise purpose was not expressly communicated to the data subjects. No sanction was issued, considering that the processing at stake was stopped in June 2019.
Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.
Rules involved
- Art. 5Principles relating to processing of personal data5(1)(b)Read →
- Art. 7Conditions for consent7(3)Read →
- Art. 9Processing of special categories of personal data9(2)Read →
- Art. 24Responsibility of the controller24(1)Read →
- Accountability
- Consent
- Data principles
- Special categories
Sources
The facts on this page come from the sources above, as they recorded them. Nothing has been estimated or filled in. Not legal advice.
Spotted a mistake? Write to angelillolorenzo@gmail.com and quote 2020/BE/037.