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28/07/2023
BE: The Council for Alien Law Litigation confirmed the position of the CGRS that carrying out personal interviews via Microsoft Teams ensured that appropriate confidentiality considering the additional protection measures taken by the CGRS.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 292 458, 28 July 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4031
Case history
Other information
Abstract

The applicant, a national of Guinea, lodged an application for international protection In Belgium. On appeal against the negative decision of the CGRS, the applicant argued before the Council for Alien Law Litigation (CALL), that the CGRS, by carrying out the personal interview by Microsoft Teams did not  guarantee confidentiality, and thus the personal interview should not be considered in accordance with the General Data Protection Regulation (GDPR). The Council confirmed the position of the CGRS that the additional protection measures it had taken ensured confidentiality and did not allow a third party to access personal information during the interview. The Council also examined the exclusion of the applicant from international protection due to the commission of a crime for which he had been sentenced in Belgium to imprisonment.
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 292 458
Date of Decision
28/07/2023
Country of Origin
Guinea
Keywords
Data protection
EUAA Other Materials
First Instance determination
Personal Interview/ Oral hearing