For Étienne Deshoulières, the lawyer who brought the case to court, it is a “historic decision”. The SNCF will no longer have the right to require its customers to tick the “sir” or “madam” box on online forms when purchasing a train ticket, the Court has just decided of Justice of the European Union (CJEU). And consequently, all other companies and administrations as well, except those for which there is a strict interest in doing so, for example to benefit from specialized health care.
“The gender identity of the customer is not necessary data for the purchase of a transport ticket”, considers the Court in a press release, which recalls that “the data collected must be adequate, relevant and limited to this which is necessary in view of the purposes for which they are processed”.
227 euros fine
For Mousse, it’s a victory. “Companies and administrations in the 27 states of the European Union will therefore have to change their forms. » The association took the case to court in January 2021 first with the CNIL, after the SNCF refused to modify its forms. But a few months later, the CNIL considered that Mousse’s complaint was unfounded and the association brought the matter before the Council of State, asking it to refer the case to the CJEU to clarify a difficulty of interpretation. of the general regulation for the protection of personal data (GDPR).
The association cites in a press release the case of a passenger undergoing gender transition who had to pay a fine of 227 euros because the gender identity appearing on her identity card and her ticket did not match. not his physical appearance.
“This continues the movement of de-sexing of society”
The Court invites the SNCF to favor inclusive communication, instead of a binary choice. “The railway company could opt for communication based on polite expressions that are generic, inclusive and without correlation with the presumed gender identity of customers, which would constitute a practicable and less intrusive solution,” the Court wrote in the press release.
“The impact will be considerable for all people who collect gender or civility data,” estimates law professor Benjamin Moron Puech, specialist in minority rights at the University of Lumière – Lyon-2, who notes that it is the first time that an international jurisdiction speaks of “inclusive communication”. “This continues the global movement of de-sexing of society,” he adds.
Mousse also believes that this decision could have “very important practical consequences, which could lead to the recognition of neutral sex and homosexual marriage in the 27 states of the European Union. » But this point of view is not unanimous. “There is nothing in the decision that would suggest that the court recognizes non-binary people,” believes Benjamin Moron Puech.
