The SNCF can no longer ask its customers if they are “sir” or “madam”, decides the Council of State

Sir or madam? Furthermore, Neither one nor the other. Therefore, SNCF can no longer “Impose on its customers to communicate their civility” When buying tickets. Furthermore, the Council of State judged in a decision made public this Thursday, believing that this practice constituted processing of personal data not necessary for the transport contract.

Seized by the Mousse association. Moreover, which defends the rights of LGBT+persons, the jurisdiction relied on a judgment of the Court of Justice of the European Union (CJEU) rendered on January 9. Furthermore, According to this decision. “If the collection of the civility of customers of a transport company had the sole objective of personalizing commercial communication, it could not be considered as necessary for the execution of the contract between the user and the company”.

The state ordered to pay 3. sncf can no longer ask 000 euros

In other words, systematically ask customers to specify whether they are “sir” or “madam” is not justified, except in certain specific cases. The Council of State cites in particular the berth compartments reserved for single women. but stresses that this “Does not justify that the collection of civility is compulsory for all the services offered by the SNCF Connect”.

In a press release. the administrative court recalls that this requirement violated the principle of “Data minimization”enshrined in the General Data Protection Regulations (GDPR). This requires companies to collect only information strictly necessary for the provision of a service. “The obligation made to customers to indicate their civility goes beyond the limits of the strict necessary for the realization of the legitimate interest of SNCF Connect”summarizes the Council of State. which also condemns the State to pay 3,000 euros to the sncf can no longer ask Mousse association.

The practice denounced would no longer be relevant. “Since May. civility is no longer a data collected by SNCF Connect for the purchase of a train ticket in France”said the platform in a declaration sent to AFP. “As a distributor, SNCF Connect applied what the transport operators required”, still specifies the company. Initially, the complaint of the Mousse association had been rejected in March 2021 by the National Commission for Data Protection. But the association had chosen to bring the case before the Council of State. obtaining success after more than three years of procedure.