HDPA (Greece) - 28/2022
| HDPA - 28/2022 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 12(3) GDPR Article 15 GDPR Article 31 GDPR National Law 4624/2019 article 66 |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 29.06.2022 |
| Published: | 29.06.2022 |
| Fine: | 3.000 EUR |
| Parties: | n/a |
| National Case Number/Name: | 28/2022 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Greek |
| Original Source: | Greek DPA (in EL) |
| Initial Contributor: | Anastasia Tsermenidou |
The DPA imposed a fine of €3,000 on a child psychologist for not satisfying an access request in a complete and timely manner in violation of the provisions of Articles 12(3) and 15 GDPR.
English Summary
Facts
The data subject submitted an access request to a child psychologist (the controller). In particular, the data subject requested confirmation on whether personal data relating to his minor child had been processed and, subsequently, to obtain the following information: (a) the exact number of sessions (the number of sessions he has carried out with the minor child), (b) the type of sessions, (c) their content, (d) the scientific conclusions of the sessions, (e) copies of the tax documents.
Since the request was not fully complied with, the data subject submitted a complaint to t he Greek DPA.
Holding
The DPA examined the complaint and found that the controller satisfied the data subject's right of access in a late and incomplete manner in violation of the provisions of Articles 12(3) and 15 GDPR. In addition, the DPA found that the controller had breached the independent duty of cooperation with the DPA under Article 31 GDPR.
The DPA issued a reprimand (Article 58(2)(b) GDPR) to the controller for breach of those provisions and instructed (Article 58(2)(c) of the GDPR) it to satisfy the complainant's right of access to the extent that it had been not yet been satisfied.
Additionally, the DPA imposed a €3,000 fine on the controller for the violation of Article 31 GDPR.
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English Machine Translation of the Decision
The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.
Summary The Authority examined a complaint and found that the complained child psychologist fulfilled the complainant's right of access late and incompletely in violation of the provisions of articles 12 par. 3 and 15 GDPR, addressed a reprimand (article 58 par. 2 letter b GDPR) to complainant for the violation of these provisions and instructed the complainant (article 58 par. 2 letter c GDPR) to satisfy the complainant's right of access to the party that has been exercised and has not yet been satisfied. In addition, the Authority found that the complained child psychologist violated the independent obligation to cooperate with the Authority according to Article 31 GDPR and imposed an administrative fine on her.
