AEPD (Spain) - PS/00367/2019: Difference between revisions
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===Holding=== | ===Holding=== | ||
The AEPD ruled that the sending of email without Bcc: the email recipients constituted a violation of the principle of integrity and confidentiality (Article 5(1)(f) GDPR). Regarding the fining, the authority decided to issue a warning sanction instead of a fine, although the sanction is still mentionning that the infringement at stake is subject to a fine according to Article 83.5 GDPR. | The AEPD ruled that the sending of email without Bcc: the email recipients constituted a violation of the principle of integrity and confidentiality (Article 5(1)(f) GDPR). Regarding the fining, the authority decided to issue a warning sanction instead of a fine, although the sanction is still mentionning that the infringement at stake is subject to a fine according to Article 83.5 GDPR, in the lights of Recital (148) GDPR. | ||
==Comment== | ==Comment== | ||
Revision as of 15:42, 2 March 2020
| AEPD - PS/00367/2019 | |
|---|---|
 | |
| Authority: | AEPD (Spain) |
| Jurisdiction: | Spain |
| Relevant Law: | Article 5(1)(f) GDPR Article 83(5)(a) GDPR Article 58(2) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | n/a |
| Published: | 21. 2.2020 |
| Fine: | 2.500 € |
| Parties: | Anoymous Vs. ESPAÑA(Spanish far-right political party. |
| National Case Number/Name: | PS/00367/2019 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Spanish |
| Original Source: | AEPD (in es) |
| Initial Contributor: | n/a |
The AEPD issued a reprimand to the Spanish far-right political party VOX. The data controller had sent an email without blind copying, to the members of that political party, infringing Article 5(1)(f) GDPR (integrity and confidentiality principle).
English Summary
Facts
The AEPD examined a complaint submitted against the political party VOX. The data controller had sent an email without blind copying, to the affiliates of the said political party. Following the filing of the complaint, the data controller acknowledged the facts and implemented the necessary security measures.
Dispute
Is the unintentionality and the adoption of measures to remedy the infringing conduct relevant for the fine reduction?
Holding
The AEPD ruled that the sending of email without Bcc: the email recipients constituted a violation of the principle of integrity and confidentiality (Article 5(1)(f) GDPR). Regarding the fining, the authority decided to issue a warning sanction instead of a fine, although the sanction is still mentionning that the infringement at stake is subject to a fine according to Article 83.5 GDPR, in the lights of Recital (148) GDPR.
Comment
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English Machine Translation of the Decision
The decision below is a machine translation of the **Spanish** original. Please refer to the **Spanish** original for more details.
to be completed
