European justice considers that companies go too far when requesting data on the gender identity of clients in sales contracts such as train tickets. This is what the Court of Justice of the EU (CJEU) has ruled following an appeal filed by an association against the practice of the French transport company SNCF in forcing customers to indicate the “courtesy term” Mr. or lady for communications. Luxembourg judges do not see the collection of this type of data as “objectively essential” for the execution of the purchase.
The CJEU points out that the data collected by companies must be “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.” “For the processing of personal data to be considered necessary for the execution of a contract, such processing must be objectively indispensable to allow the correct execution of that contract,” establish the judges, who consider that the personalization of a commercial communication based on the Gender identity “does not seem objectively essential” for the purchase of train tickets.
“The railway company could opt for communication based on generic, inclusive courtesy formulas without correlation with a presumption of gender identity of the clients, which would be a viable and less intrusive solution,” the judges rule.
The CJEU resolution responds to the question posed by the French Council of State following the appeal presented by the association for the defense of LGTBIQ+ rights Mousse, which considered that the obligation for clients to provide information about their gender identity contravenes the Data Protection Regulation. Initially, the French data protection authority dismissed the complaint, but European judges now agree.
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