92003E0899

WRITTEN QUESTION E-0899/03

by Bart Staes (Verts/ALE) to the Commission

(21 March 2003)

Subject: Compatibility of the Belgian fan card system with Directive 95/46/EC

In its answer to Written Question E-3103/02(1), the Commission indicates that, in any verification to ensure that the Belgian fan card system for football supporters is compatible with Directive 95/46/EC(2), consideration must be given, inter alia, to the relevance of the data processed, starting from the purpose for which such data was compiled and subsequently processed and the limits on the use of the data: data must be used only for the purpose for which it was compiled.

Article 10(5) of the Belgian Safety at Football Matches Act (published in the Belgian Official Gazette of 3 February 1999) lays down that the organisers of a football match at national or international level must take at least the following measures: (5) be responsible for the management of tickets which, at all events, includes: the printing of tickets, the distribution thereof, control of access to and monitoring of the validity and proper possession of the tickets.

The Belgian Football Association tinkered with that legislation and devised a system of fan cards. Any person wishing to purchase a ticket for a Jupiler League match must possess a fan card. Any person wishing to acquire a fan card must supply certain personal details: name and address, telephone number, sex, language, identity card number, etc. The application form notes that the personal data will be entered in a central file held by the Professional Football League in order to guarantee safety inside football grounds and supervision of supporters. Unless otherwise stated, it may be processed for the provision of information and, by the League's partners, for the commercial promotion of their products.

On the reverse side of the fan card is the logo of the Go4Fun Club, membership of which entitles cardholders to receive a discount when purchasing products manufactured by the Belgian FA's commercial partners. That is all covered under the slogan: Football fan card holder and automatic member of the Go4Fun Club.

On the basis of the foregoing, can the Commission indicate whether this procedure is in conformity with Directive 95/46/EC and, in particular, with Articles 6 and 7 thereof? In other words, is the data actually being used for the purpose for which it was compiled? Alternatively, can data compiled with a view to ensuring safety at football grounds be used automatically (sic) for the compilation of a commercial data file?

(1) OJ C 110 E, 8.5.2003, p. 165.

(2) OJ L 281, 23.11.1995, p. 31.

Answer given by Mr Bolkestein on behalf of the Commission

(25 April 2003)

On the basis of the information provided by the Honourable Member, the system does not seem to contradict the provisions of Directive 95/46/CE(1) as regards its use for the purposes of safety at football grounds and the surveillance of supporters.

As for the use of personal data for the purposes of commercial promotion by the Belgian Football Association, the Commission would refer to the content of Article 14 of Directive 95/46/EC. This provision stipulates that the Member States shall grant the data subject the right to object to the processing of personal data relating to him which the controller anticipates being processed for the purposes of direct marketing. Alternatively, the same Article recognises that the data subject has the right to be informed before personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, as well as the right to object to such disclosures or uses.

The information supplied to the data subjects in the application form for the fan card system seems to be in line with the content of this provision. The Commission would however point out that the wording chosen i.e. unless otherwise stated (sauf disposition contraire in French) is not very explicit and that the data subject should be clearly informed of his right to object to the processing of his personal data for commercial purposes. The Commission has drawn the attention of the Belgian data protection agency to this matter.

Insofar as the data subject can effectively object to the use of personal data relating to him for purposes other than safety at football grounds, the Commission does not consider this to be an automatic re-use of the data.

(1) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281, 23.11.1995.