Legislator Case Law & Legislation
ECLI:NL:RBROT:2022:2574 ECLI:NL:RBROT:2022:2574 AI generated

Administrative court dismisses partial appeal against police data deletion order under Police Data Act.

Case Number ECLI:NL:RBROT:2022:2574
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The administrative court dismissed the plaintiff's partial appeal against the police chief's decision to partially reject a request for data rectification. The plaintiff sought deletion of police records linked to a separate safety dossier, arguing errors in automated data processing under the Police Data Act and GDPR. The court ruled that the police were not obligated to delete the specific data because it was processed in compliance with legal requirements and could not be verified as incorrect by the plaintiff.

Legislator headnote

AI generated

Article 28 of the Police Data Act; Article 12 and 16 of the GDPR: The data controller is not required to delete personal data processed in accordance with legal provisions or to fulfill a legal obligation, even if the data subject contests its accuracy.

Keywords

AI generated
Police Data Act data rectification data deletion GDPR compliance administrative appeal personal data processing legal obligation

Cited Legislation

AI generated
Article 28 of the Police Data Act (Wpg)
Article 12 of the General Data Protection Regulation (AVG)
Article 16 of the General Data Protection Regulation (AVG)
Article 8:88 of the General Administrative Law (Awb)
Article 8:90 of the General Administrative Law (Awb)
artikel 8:88 van de Awb
AI generated

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