EU's top court upholds privacy of railway customers' gender on

Individuals purchasing a train ticket will likely no longer need to specify whether they wish to be addressed as Mr or Ms following a ruling by the European Court of Justice (ECJ) on Thursday.

The judges in Luxembourg decided that a customer’s gender identity is not necessary information for the acquisition of a ticket.

The case stems from a complaint in France, where the association Mousse, which advocates against sexual discrimination, challenged the French railway company SNCF over its practice of mandating the collection of gender-related information.

The association argued that this practice violates the General Data Protection Regulation (GDPR). The EU’s top court mostly sided with this argument.

According to the principle of data minimization, only absolutely necessary data may be collected. However, the designation of whether someone wishes to be addressed as a man or woman is not deemed essential for the fulfilment of the contract.

In the ECJ’s view, the railway company could adopt communication in “general, inclusive” language, thereby minimizing the impact on data protection.

Furthermore, customers were not informed why these data are being collected or what the interest behind it is, the ruling stated.

A French court must now decide on the specific case, taking into account the guidelines set by the highest European court.

In Germany, the ECJ ruling must also be observed. At German rail operator Deutsche Bahn, it is already possible to select a “neutral salutation” on the online portal and app.

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