HDPA (Greece) - 41/2019: Difference between revisions
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[[Article 16 GDPR]] | [[Article 16 GDPR]] | ||
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[[Article 58 GDPR#2b|Article 58(2)(b) GDPR]] | |||
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|Type:||Complaint | |Type:||Complaint | ||
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==English Summary== | ==English Summary== | ||
===Facts=== | ===Facts=== | ||
The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to Article 15 GDPR and her right of rectification according to Article 16 GDPR. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them. | The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to [[Article 15 GDPR|Article 15 GDPR]] and her right of rectification according to [[Article 16 GDPR|Article 16 GDPR]]. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them. | ||
===Dispute=== | ===Dispute=== | ||
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===Holding=== | ===Holding=== | ||
The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to Article 12 (3) and (4) GDPR when a data subject may exercise their right of access according to Article 15 (1) and (3) GDPR. Then, it explained that the | The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to [[Article 12 GDPR#3|Article 12(3) GDPR]] and [[Article 12 GDPR#4|Article 12(4) GDPR]] when a data subject may exercise their right of access according to [[Article 15 GDPR#1|Article 15(1) GDPR]] and [[Article 15 GDPR#3|Article 15(3) GDPR]]. Then, it explained that the right of objection and the right to internal administrative appeal under public administrative law constitute different legal bases and imply different legal consequences from the right to rectification under [[Article 16 GDPR|Article 16 GDPR]]. Thus, the data subject can’t exercise them by exercising the right to rectification under [[Article 16 GDPR|Article 16 GDPR]]. Finally, the HDPA issued a reprimand to the Ministry according to [[Article 58 GDPR#2b|Article 58(2)(b) GDPR]] for the infringement of [[Article 12 GDPR|Article 12 GDPR]] and [[Article 15 GDPR|Article 15 GDPR]]. | ||
==Comment== | ==Comment== | ||
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==Further Resources== | ==Further Resources== | ||
''Share blogs or news articles here!'' | ''Share blogs or news articles here!'' | ||
Revision as of 23:00, 20 January 2020
| HDPA - 43/2019 | |
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| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 12(3) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Decided: | 11.12. 2019 |
| Published: | n/a |
| Fine: | None |
| Parties: | n/a |
| National Case Number: | 43/2019 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language: |
Greek |
| Original Source: | HDPA (GR) |
The HDPA issued a reprimand to the Ministry of Mercantile Marine and Island Policy for infringement of the right of access.
English Summary
Facts
The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to Article 15 GDPR and her right of rectification according to Article 16 GDPR. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them.
Dispute
Is there an obligation to publish ranking lists of candidates containing personal data?
Holding
The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to Article 12(3) GDPR and Article 12(4) GDPR when a data subject may exercise their right of access according to Article 15(1) GDPR and Article 15(3) GDPR. Then, it explained that the right of objection and the right to internal administrative appeal under public administrative law constitute different legal bases and imply different legal consequences from the right to rectification under Article 16 GDPR. Thus, the data subject can’t exercise them by exercising the right to rectification under Article 16 GDPR. Finally, the HDPA issued a reprimand to the Ministry according to Article 58(2)(b) GDPR for the infringement of Article 12 GDPR and Article 15 GDPR.
Comment
Share your comments here!
Further Resources
Share blogs or news articles here!
English Machine Translation of the Decision
There is no available machine translated decision. Please refer to the Greek original decision for details.
