The Dutch Data Protection Authority (AP) has wrongly imposed a fine of 575,000 euros on video platform VoetbalTV. The Council of State will rule on this on Wednesday. The platform no longer has to pay the fine. According to the administrative court, the AP wrongly decided that VoetbalTV only has a commercial interest.
The online platform VoetbalTV, a collaboration between the KNVB and Talpa, broadcast video images of amateur football matches for, among others, trainers, fans and players. At the end of 2019, the AP imposed a fine of 575,000 euros on the service because VoetbalTV’s profit motive could not constitute a ‘legitimate interest’ for the broadcasting of images for which players and the public had not given their individual permission. The platform, which was used by more than 150 clubs until then, went bankrupt.
According to the General Data Protection Regulation (GDPR), the processing of personal data must have a ‘legitimate interest’. VoetbalTV says that it not only has a commercial interest in the data processing, but also contributes to the ‘involvement and enjoyment of football fans’. The service also says it will assist trainers and analysts in “performing technical analysis”. Because the AP did not include these interests in its assessment, according to the Council of State, the fine is unjustified.
Also read: Does the Dutch Data Protection Authority protect privacy, or does it disrupt the free market?