Brussels (Brussels Morning) – Journalist Dirk Selis faces a suspended fine for reporting on a mayor’s early COVID-19 vaccination. The court ruled he mishandled personal data, jeopardizing press freedom, and sparking plans for an appeal.
In May 2021, Journalist Dirk Selis from Trui published the news that Mayor Veerle Heeren and her staff had been vaccinated against COVID-19 at a time when only people over 85 were eligible. It would cost the now ex-mayor a six-month suspension. Selis was the first to receive the leaked information about Heeren’s vaccination.
He took a screenshot to a pharmacist in the hope that she could clarify what the codes on the document meant, but she took the information to the police and Heeren filed a civil complaint and the case went to court.
What Consequences Does Dirk Selis Face for Reporting?
The court is now holding Selis accountable for the fact that the document with which he went to the pharmacist contained the name Veerle Heeren. “The fact that Journalists handle and verify confidential information in the context of their Journalistic work does not prevent data protection from having to be respected. Except when this is strictly necessary in the context of the provision of Journalistic information.Â
Why Did the Court Find Dirk Selis Guilty?
The court believes that in this context it was not strictly necessary to transfer the personal data of the former mayor to the pharmacists. Only the vaccination codes would have sufficed. After all, data processing must be minimal and only take place to the extent necessary for the intended purpose. The court considers the guilt proven,” the verdict said. Selis now faces a suspended fine of 2,000 euros.Â
Is Press Freedom Threatened by Dirk Selis’s Court Verdict?
“I am not concerned with the fine, but with the principle,” explains Selis, who immediately announces that he will appeal. “The freedom of the press is at risk here. If this verdict stands, you can close the books and copy press releases indiscriminately. Then you get politicians who decide what goes into the newspaper instead of Journalists. This is unacceptable. We are in an upside-down world. Today I am sentenced to do my job, while today she is a tour guide. She was sanctioned after the news leaked. Heeren was suspended for six months. There have been investigations at all levels.”
How Did the Court Evaluate Veerle Heeren’s Claims?
Veerle Heeren demanded compensation of 5,000 euros from Dirk Selis. The court did not grant this. According to the judgment, Heeren did not make it clear that her damage was causally related to the privacy violation by Dirk Selis. In addition to the Journalist, an ex-employee of a call centre had to answer this case. She emailed the details about Veerle Heeren’s vaccination to her mailbox. “Because I sometimes work from home and was dissatisfied with the way things were going at work,” was her response.Â
The court found her guilty of unlawful processing of personal data. She will be sentenced to a suspended sentence. She also does not have to pay compensation to Heeren. In any case, the matter is not over yet because Selis is going to the Antwerp Court of Appeal. “I’m going for the acquittal. If necessary, I will go to the European Court of Human Rights in Strasbourg.”
