The District Court of North Holland declared a pensioners request for access to personal data at the General Civil Pension Fund (ABP) inadmissible. This means that the court does not assess the request on its merits. The requester should have first asked the ABP to provide the data, which he did not do.
Pension Calculations
The requester wanted to order the ABP via the court to provide personal data. He invoked the right of access under the General Data Protection Regulation (GDPR). He wanted all calculations for his pension benefit. He also wanted these calculations explained and confirmation of their accuracy and completeness. Additionally, the requester wanted from the ABP a calculation of his pension in ten years, after the introduction of the new pension system.
Court Decision
The court is of the opinion that the requester should first have asked the ABP to provide the personal data based on the legal rules. He did not do so. Therefore, the request cannot be substantively assessed and is declared inadmissible.
Even if the request were substantively assessed, it must be rejected according to the court. The request is not about access to personal data but about information on pension calculations. The GDPR is not intended for this. Pension calculations are not personal data as defined in the GDPR. The requester also has no objection to the personal data registered by the ABP.
The ABP must inform him about his pension, which it has done.
Since the request is declared inadmissible, the requester must pay the legal costs of 2,120 euros to the ABP. During the hearing, the requester said he was advised by a foundation about submitting this request but was not informed about the risk of a legal costs order. The court finds it unfortunate if the requester was insufficiently informed but this is no reason to reject the legal costs.
Judgments
- ECLI:NL:RBNHO:2026:132