The Almeerder resident is required to check in and out with his train pass, a personal public transport chip card. He claims that the NS is processing his personal data in this way, even though he believes this is unnecessary. Because this prevents him from traveling anonymously, he believes that the NS is violating his privacy. He therefore asked the Autoriteit Persoonsgegevens to take Autoriteit Persoonsgegevens action against the NS, but the Authority rejected this request. He then took the matter to court.
The administrative court ruled that the AP was right to reject the request from the Almeerder. According to the AP, it is not plausible that the NS is guilty of violating the Personal Data Protection Act. For example, the processing of personal data when checking in and out is necessary for the performance of the agreement that the man has with the NS. The NS must be able to check whether the subscription has been paid for and whether travel is taking place within the scope of the subscription. Furthermore, the processing of the data is necessary to process, check, and pay out claims under the "Money Back in Case of Delay" scheme. The administrative court finds that the Autoriteit Persoonsgegevens has Autoriteit Persoonsgegevens substantiated that NS is not violating the rules. Furthermore, the AP states that the purpose for which NS processes the personal data cannot be achieved in any other way. The administrative court finds that the AP is not violating the privacy rules.
This article can also be found in the AVG file
