Response to the fining decision following the pilot with CBS

Odido has taken note of the findings of the investigation conducted by the State Inspection Digital Infrastructure (RDI) in 2021 following the CBS pilot in which Odido (formerly known as T-Mobile) participated from 2017 to 2019. The RDI concludes that the provider did not fully comply with the obligations under the Telecommunications Act in the internal processing of traffic data. According to the RDI, Odido should not have settled for pseudonymization in its internal processing but should have fully anonymized the data before using it for the CBS pilot.

Odido has always stated that it did not provide any personal data to CBS during the collaboration, and the decision of the RDI confirms this previously taken position. The RDI also states that it did not find any non-anonymous data provided. In justifying the fine decision, the RDI also takes into account that the violation did not lead to serious consequences or risks and that the collaboration was voluntarily terminated a long time ago.

Odido received the first penalty decision regarding the pilot with CBS from RDI in March 2023. As known, this decision imposed a fine of 400,000 euros on Odido. An objection and appeal can be lodged against a decision in the first instance. Odido fundamentally disagreed with the decision. Therefore, Odido ensured, through interim relief, that the decision could not be made public until a final, legally binding decision was made by the RDI. Since Odido does not intend to appeal against today's decision on objection from the RDI, the decision of the RDI is now legally binding, with a lower fine than in the first instance. Thus, the matter is settled for Odido.

By participating in the CBS pilot, Odido aimed to contribute to a societal goal: the promotion of livability in the Netherlands by analyzing movement patterns. In doing so, the telecom provider acted in good faith and followed the rules laid down in the General Data Protection Regulation (GDPR), which allows for statistical data processing. However, the RDI concludes in its decision that the Telecommunications Act should have been followed more closely in the internal processing of traffic data. Although the telecom provider regrets the situation and the fine, Odido is also pleased that this decision on appeal puts an end to a longstanding issue concerning an event that occurred over 4 years ago.

Read the summary of the preliminary injunction ruling here: https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBROT:2023:12985