The Belgian Data Protection Authority (GBA) will now initiate criminal proceedings for certain serious breaches of European data protection regulations.
The GBA has an internal disputes chamber capable of imposing fines, but its decisions can be appealed in the Market Court. According to Alexandra Jaspar, head of the authorisation and advisory service, this often undermines their efforts.
She expressed frustration over cases where fines are reduced to symbolic amounts. “We’re asked to act decisively, yet it’s discouraging when the Market Court reduces fines to one euro. It seems to view data protection as a luxury, unworthy of defence, while believing companies have bigger concerns,” Jaspar stated.
To address this, the GBA is shifting its approach. Chairman Koen Gorissen outlined plans to use alternative methods to enforce regulations.
“From now on, we’ll refer specific cases to criminal courts. We’ve already filed a direct claim with a correctional court and may also consider criminal settlements via the public prosecutor’s office. Our priority is to put an end to problematic data processing,” Gorissen said.
