transport yes. But non-binary.

The CJEU ruled that the gender identity of the customer is not necessary data for the purchase of a transport ticket.

I. La question

In 2024, a preliminary question was asked by the Council of State to the CJEU: is it consistent with Union law for SNCF online ticketing to be limited to the words “Mr” or “Mrs” ?

(which can be seen as an attenuated form of binary, certainly open to gender transitions, but which is not open to “other” for example).

Here is the question:

“1. Can it be taken into account, to assess the adequacy, relevance and limited nature of the collection of data within the meaning of the provisions of c) of paragraph 1 of Article 5 of A… and the necessity their processing within the meaning of b) and f) of paragraph 1 of Article 6 of A…, commonly accepted practices in matters of civil, commercial and administrative communications, so that the collection of data relating to customer civilities, limited to the words “Sir” or “Madame”, could be considered necessary, without being hindered by the principle of data minimization.
“2. Is there reason to assess the necessity of the compulsory collection and processing of data relating to the civility of customers, and when certain customers consider that they do not fall under either of the two civilities and that the collection of this data is not relevant for them, to take into account that they could, after having provided this data to the data controller in order to benefit from the service offered, exercise their right of opposition to its use and conservation by asserting their situation particular, in application of article 21 of A…”

Roger Hargreaves, the famous author of the “Monsieur Madame” series, if he had still been alive, could have started psychotherapy just by reading this information.

Source : Council of State, June 21, 2023, no. 452850

II. The answer

To this question, the CJEU responded by stating that the gender identity of the customer is not necessary data for the purchase of a transport ticket.

The collection of data relating to customer civility is not objectively essential, in particular, when its purpose is to personalize commercial communication.

The Court recalls that, in accordance with the principle of data minimization, which constitutes an expression of the principle of proportionality, the data collected must be adequate, relevant and limited to what is necessary in view of the purposes for which they are processed.
Furthermore, the Court recalls that the GDPR provides an exhaustive and restrictive list of cases in which processing of personal data can be considered lawful: this is, in particular, the case when it is i) necessary for the performance of a contract to which the data subject is a party, or (ii) necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

These conditions are, according to the CJEU, not met in this area. On the contrary, the risks of gender discrimination lead to protection in the opposite direction, to put it simply.

Source :

CJEU, January 9, 2025, Mousse v National Commission for Information Technology and Liberties (CNIL) and SNCF Connect, case C‑394/23