The obligation to communicate one’s gender identity, ” Sir “ or « Madame »when purchasing a train ticket on SNCF Connect “is not objectively essential”considered the Court of Justice of the European Union (CJEU) in a judgment delivered Thursday January 9.
“The gender identity of the customer is not necessary data for the purchase of a transport ticket”estimated European justice, requested for an opinion by the French Council of State.
The Mousse association, which fights to defend the rights of LGBT+ people, took action before the highest French administrative court to denounce the practice of SNCF Connect“which systematically requires its customers to indicate their civility”.
The National Commission for Information Technology and Liberties (Cnil) initially rejected the association’s complaint, which therefore turned to the Council of State.
In a press release, Mousse’s lawyer, Étienne Deshoulières, welcomed “a historic decision in terms of recognition of the rights of sexual and gender minorities”.
“Personalization of commercial communication based on a presumed gender identity based on the civility of the customer does not appear objectively essential”ruled the CJEU.
It was based on the principle of “data minimization”which requires us not to collect information that is unnecessary for the provision of the ordered service.
“Generic polite expressions”
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.
This would also constitute a solution « moins intrusive »according to the Court. 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.
The action of the Mousse association, explained its lawyer, “was based on the initial observation that transgender, non-binary and intersex people suffered discrimination within the SNCF”.
The only choice of a category ” Sir “ or « Madame » when buying a train ticket “contributes to nourishing a feeling of exclusion” for intersex and non-binary people, he added.
According to Étienne Deshoulières, the decision of the CJEU “also opens the way to indirect effects, bringing major advances for rights of LGBT+ people in the European Union ».
It makes it possible to modify forms in companies and administrations in the 27 Member States of the EU, the lawyer wants to believe. When contacted, SNCF Connect did not wish to react immediately.
