ECJ Rules on January 9 Against SNCF's Gender Identity Requirement, Citing GDPR Violation

Jan 9, 2025, 12:31 PM

On January 9, 2025, the European Court of Justice (ECJ) ruled that the French railway company SNCF cannot require customers to disclose their gender identity when purchasing tickets online. This decision follows a legal challenge by the French LGBTQ+ rights association Mousse, which argued that the mandatory selection of 'Monsieur' or 'Madame' during ticket purchases on SNCF Connect violated the EU's General Data Protection Regulation (GDPR). The court determined that such data collection is not necessary for the execution of a transport contract and contravenes the GDPR's principle of data minimization. The ruling stemmed from a referral by the Council of State after Mousse's discrimination claim. The court also noted that SNCF could use generic and inclusive forms of address instead. This ruling may have broader implications for data collection practices across the EU, particularly regarding the rights of non-binary and gender-diverse individuals.