HDPA (Greece) - 36/2019

HDPA - 36/2019
Authority:	HDPA (Greece)
Jurisdiction:	Greece
Relevant Law:	National data protection law prior to the GDPR National law implementing the ePrivacy Directive
Type:	Appeal before the HDPA
Outcome:	Partly upheld
Decided:	07. 10. 2019
Published:	n/a
Fine:	Reduced from 24,000 EUR to 22,000 EUR
Parties:	Forthnet
National Case Number:	36/2019
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language:	Greek
Original Source:	HDPA (GR)

The HDPA re-examined complaints against the Greek internet and telecommunications service provider Forthnet.gr upon appeal and decided to reduce the fine it had previously imposed on it.

English Summary

Facts

The HDPA had initially examined forty seven (47) complaints against Forthnet and upheld thirty four (34) of them. It fined the company EUR 24,000 for violation of Article 11 of L. 3471/2006 (law for the implementation of ePrivacy Directive)and Article 13 of L. 2472/1997 (former law on the protection of personal data).

The company appealed before the HDPA to amend this decision, mainly claiming that the HDPA had violated the company's (as defendant) right to objection which is foreseen under the Greek administrative procedural code.

Holding

The HDPA accepted the company's claim that it had not effectively exercised its right to objection as defendant, according to the Greek administrative procedural code and it, therefore, decided that the case should be examined again. Based on the new facts which arose after the company effectively exercised its right to objection, the HDPA reduced the fine to EUR 22,000.

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English Machine Translation of the Decision

There is no available machine translated decision. Please refer to the Greek original decision for details.