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 non-timely decision. This untimely decision is based on the General Data Regulation. Plaintiff requested in mid-2019 that the House of Whistleblowers indicate what data about him had been processed. The plaintiff argues that the defendant erred in not including a number of documents in its search, including business Whatsapp and SMS messages among personal data processed.The court states that the defendant should be held as a data controller also for business messages sent using a private phone. This is because the defendant did not expressly include in policies or house rules that business communications should not be sent by private phone (Machine translated)