Yes! Although the general rule is that minors are “legally incompetent”, there are exceptions to this. This is particularly the case when it comes to the protection of certain rights, such as those relating to privacy and personal data.
This is evident in a case in which a 17-year-old student sued the foundation that ran his secondary school because he considered the camera surveillance at that school to be unlawful.
Magistrate’s ruling: minor legally incompetent
The pupil claimed, among other things, an order to cease camera surveillance at the school and compensation of €500. In order to conduct these proceedings, the pupil’s parents had issued a statement stating that they gave their son permission to perform legal acts pursuant to Article 1:234 of the Dutch Civil Code. This article stipulates that a minor, provided he acts with the consent of his legal representatives, is competent to perform legal acts unless the law provides otherwise.
It is also important to refer to Article 1:245 of the Dutch Civil Code. This article stipulates that minors are under authority (i.e. parental authority or guardianship) and that this authority relates to the person of the minor, the administration of his or her property and his or her representation in civil acts both in and out of court.
The subdistrict court did not assess the substance of the pupil’s claims because it ruled that the pupil’s claims were inadmissible on the grounds that, as a minor, the pupil lacked legal capacity.
Court of Appeal ruling: incapacity to take legal action article must be disregarded
The student appealed against this ruling on incapacity to take legal action. The Court of Appeal reached a different conclusion from the magistrate, based on the following assessment framework:
National regulations:
Like the subdistrict court, the court of appeal also referred to Articles 1:234 and 1:245 of the Dutch Civil Code and concluded that, in principle, the minor in these proceedings was legally incompetent without representation.
International regulations:
However, unlike the subdistrict court, the court of appeal also takes international regulations into account because there has been a violation of fundamental rights and national procedural rules must not make it practically impossible to protect these rights derived from EU law.
Purpose of legal incapacity:
With regard to Article 1:245 of the Dutch Civil Code, the court of appeal is of the opinion that the purpose of this article is not served in this case. The purpose of this article is to protect minors from ill-considered litigation, but this was not the case in this instance. The parents had given their written consent and the foundation confirmed that the student himself was sufficiently knowledgeable about the matter at hand.
The court also makes three comparisons:
- Under the GDPR, minors aged 16 and over may give their own consent to the processing of their personal data, but may not act on their own behalf in the event of a breach of that processing. This is not currently regulated in the GDPR Implementation Act. This appears to be an omission;
- The court refers to other articles relating to the medical treatment agreement and the employment contract, which do stipulate that minors aged 16 and over may take legal action;
- The court also ruled that if the Foundation was an administrative body, the student would have been entitled to take legal action himself, pursuant to Article 8:21(2) of the General Administrative Law Act.
On the basis of this assessment framework, the court ruled that Article 1:245 of the Dutch Civil Code made it extremely difficult for the student to have his claims for protection of his privacy and personal data assessed by the court. Because this is contrary to European Union law, the magistrate should have disregarded this provision. The student was therefore proved right.
The foundation had to reimburse the student for the legal costs incurred, but on the other hand, the foundation can be proud of a student like this.
For this ruling, see: Court of Appeal of Arnhem-Leeuwarden, 19 December 2023, ECLI:NL:GHARL:2023:10776.
If you are involved in procedural law cases and/or would like advice on this matter, please contact Ramona Brouwers (r.brouwers@paulussen.nl). Meetings can be scheduled at our offices in Maastricht or Heerlen.
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