On Thursday, the Court of Justice of the EU (CJEU) ruled that requiring customers to disclose their gender identity when purchasing a train ticket violates EU privacy regulations. Instead of using titles like “Mr.” or “Mrs.,” railway companies can use more general and inclusive terms.
The French Council of State asked the CJEU for guidance on this issue after the personal data regulator, the National Commission on Informatics and Liberty (CNIL), found that requiring a courtesy title did not breach the General Data Protection Regulation (GDPR). However, the CJEU emphasised that the GDPR requires data minimisation, meaning any collected data must be relevant and limited to what is necessary.
The Court concluded that a courtesy title is unnecessary for buying a train ticket. It stated that personalised communication based on gender identity is not crucial for fulfilling the rail transport contract. Instead, the railway service could use inclusive greetings.
The Mousse association, which fights against sex, gender and sexual orientation discrimination, challenged this practice, claiming it violated the GDPR. After the CNIL rejected their complaint, the association appealed to the Council of State. The Council has now referred the issue to the CJEU for a final judgment.
