Kaddour Sellika is not one to let go. A Stib subscriber, he considers that he does not have to validate his subscription for each journey since he paid in advance to travel on the Stib network. One day, Kaddour Sellika undergoes a check. He presents his subscription. But the absence of validation is punished with a fine of 10 euros. He refuses to pay.
A matter of principle
This Brussels resident makes it a question of principle. Stib does not have to know its movements by collecting its personal data via its subscription. Over the bailiff’s reminders, the initial bill has inflated and slightly exceeds 100 euros when the Stib quotes its recalcitrant traveler before the Justice of the Peace of Forest. However, tells us Kaddour Sellika, shortly before the hearing, the lawyer of the public transport company warns him: the Stib withdraws from its action; she waives the fine and Mr. Sellika must not travel. But the latter does not hear it that way. Alone, without a lawyer, he researched, wrote conclusions, spent a lot of time on this file. He considers that he has suffered non-pecuniary damage and requests to plead the merits of the case.
STIB in default
And against all odds, he succeeds. For the justice of the peace (judgment of 06/09/20), certain STIB data collections from its customers do not comply with the GDPR (General Regulations on Data Protection). “The processing of validation data as it is currently carried out by Stib is not legal and it is right that, in the context of the protection of his private life, Mr. Sellika refuses to validate his subscription , which he regularly paid, at an electronic kiosk “.
The moral damage of Mr. Sellika is symbolically fixed at 1 euro. For Stib, the problem is easy to solve: better reasons must be given for the reasons why the transport company deems it necessary to collect data from its customers, including its subscribers, via a validation procedure. This is to calculate the number of trips made annually on its network, to know the frequentation of its lines so as to be able, if necessary, to adapt the transport offer on the most frequented lines.
Stib announces a quick change to respond to criticism from Justice of the Peace de Forest.
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