HDPA (Greece) - 33/2023
| HDPA - 33/2023 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 5(1)(a) GDPR Article 5(1)(c) GDPR Article 6(1)(c) GDPR Article 17(1) GDPR Article 57(1)(c) GDPR Article 58(2) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 25.10.2021 |
| Decided: | 11.04.2023 |
| Published: | 07.11.2023 |
| Fine: | 5000 EUR |
| Parties: | n/a |
| National Case Number/Name: | 33/2023 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Greek |
| Original Source: | HDPA (in EL) |
| Initial Contributor: | Iliana Papantoni |
The Hellenic DPA imposed a fine and reprimanded the Municipality X for having unlawfully processed personal data, by uploading on diavgeia and on the Municipality's website acts/decisions including personal data of the data subject, and for having not complied with the request for erasure.
English Summary
Facts
On 25 October 2021, the Head of the technical department (“Z”) of Municipality X lodged a complaint before the Hellenic DPA ("HDPA") against the same Municipality. Municipality X had uploaded on the Greek Transparency Portal (diavgeia.gov.gr, where all acts and decisions of Greek government/ municipalities/authorities etc. are uploaded in order to be fully available to the public, “diavgeia”) the decision of the Mayor, including personal data of Z, such as her full name, her position and place of employment, which mentioned that Z will abstain from any administrative act concerning the company of citizen Y, because the latter filed a criminal complaint against Y. Moreover, a decision of the financial committee of the Municipality X that a counsel will be appointed for the defense of Z in the context of the criminal procedure, was uploaded to diavgeia. On the website of the Municipality X was also uploaded an invitation to convene the financial committee of Municipality, which was also including personal data of Z. Exercising her right to erasure, under Article 17, Z requested the erasure of the decision of the Mayor from diavgeia, and also complaint about the inclusion of her personal data in the abovementioned invitation and decision of the financial committee, but the DPO of Municipality X rejected it, on the grounds that Municipality X has the obligation to upload on diavgeia every act, decision or document relating to the performance of its duties, under the applicable legislation. The same line of reasoning was followed for the invitation uploaded on the website and the decision of the committee uploaded on diavgeia.
Holding
After considering all the facts of the case, the HDPA fined with €2000 and reprimanded the Municipality X for violating Articles 5(1)(a) and 6 (1)(c). Also, fined the Municipality X with €1000 for violating Article 5(1)(c) and with €2000 for violating Article 17 (1). The HDPA ordered the Municipality X to remove 2 decisions concerning the data subject from its website and from within a 20-day period. Last but not least, the HDPA advised the legislator, according to Article 57 (1) (c), to take measures in order to determine the criteria for the selection of the decisions which will be published through diavgeia.
Comment
Share your comments here!
Further Resources
Share blogs or news articles here!
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.
