NAIH (Hungary) - NAIH/2020/5911/7
| NAIH - NAIH/2020/5911/7 | |
|---|---|
 | |
| Authority: | NAIH (Hungary) |
| Jurisdiction: | Hungary |
| Relevant Law: | Article 12 GDPR Article 17 GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 19.10.2020 |
| Published: | 15.12.2020 |
| Fine: | None |
| Parties: | Debreceni Egyetem MarkMyProfessor |
| National Case Number/Name: | NAIH/2020/5911/7 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Hungarian |
| Original Source: | NAIH (Hungary) (in HU) |
| Initial Contributor: | n/a |
Hungarian DPA issued a warning to MarkMyProfessor Media Advertising for failing to provide transparent information, communication and modalities for the exercise of the rights of the data subject.
English Summary
Facts
On 14th April 2020 the lecturers of the University of Debrecen complained to MarkMyProfessor, a website where users may publish opinions about professors. According to them, one of the users since mid-November had systematically published "assessments" consisting solely of obscene words. However, MarkMyProfessor did not reply to the complaint. As a result, the Dean of the University of Debrecen lodged a complaint before the Hungarian DPA.
During the investigation, the DPA concluded that the request sent to MarkMyProfessor was sent not to its office, but to its registered office address. Because of the first wave of the COVID-19 coronavirus epidemic it was difficult for the controller to find out about it and give a meaningful response to it in a timely manner.
Dispute
Can a lack of immediate response to a data subject's request be justified by a letter being wrongly addressed?
Holding
The DPA warned MarkMyProfessor and decided not to impose a fine, taking into account as mitigating circumstances that the infringement was a result of negligence and that the controller quickly reacted to the order of clarification by deleting personal data in question and introducing new profile settings to avoid future infringements.
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English Machine Translation of the Decision
The decision below is a machine translation of the Hungarian original. Please refer to the Hungarian original for more details.
