The SNCF should not force you to choose between “mister” or “madam” to buy a train ticket, according to European justice

An LGBT+ association is calling for the lifting of this obligation, which “contributes to fueling a feeling of exclusion” for intersex and non-binary people.

Do you have to choose to introduce yourself as “sir” or “ma’am” to buy a train ticket? The SNCF maintains that yes, but the Court of Justice of the European Union (CJEU) has just ruled it wrong, in a judgment handed down on Thursday January 9.

“Personalization of commercial communication based on a presumed gender identity based on the civility of the customer does not appear objectively essential”considers the CJEU. It is based on the principle of “data minimization”guaranteed by the General Data Protection Regulation (GDPR) and which requires not to collect information that is unnecessary for the provision of the ordered service.

The Court specifies that SNCF Connect is able to use “generic polite expressions, inclusive and without correlation with the presumed gender identity of customers” when she communicates with them. A solution “moins intrusive”according to the court.

The CJEU was asked for an opinion by the French Council of State, which itself had been asked by the Mousse association, which fights to defend the rights of LGBT+ people. This choice of gender category “contributes to nourishing a feeling of exclusion” for intersex and non-binary people, says the association’s lawyer, who welcomed “a historic decision in terms of recognition of the rights of sexual and gender minorities”. The National Commission for Information Technology and Liberties (Cnil) initially rejected the association’s complaint.

This judgment does not resolve the dispute, because “it is up to the national court – here the Council of State – to resolve the case in accordance with the decision of the Court”underlines the European jurisdiction. However, this decision “also opens the way to indirect effects, bringing major progress for the rights of LGBT+ people in the European Union”according to Mousse’s lawyer. Contacted by AFP, SNCF Connect did not wish to react immediately.