HDPA (Greece) - 19/2020
| HDPA - 19/2020 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 5(2) GDPR Article 11 Law 3471/2006 |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 29.06.2020 |
| Published: | 29.06.2020 |
| Fine: | 2500 EUR |
| Parties: | n/a |
| National Case Number/Name: | 19/2020 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Greek |
| Original Source: | HDPA (in EL) |
| Initial Contributor: | n/a |
The Hellenic Data Protection Authority (HDPA) fined politician € 2.500 for sending unsolicited political SMSs to people without their consent.
English Summary
Facts
Data subjects complained that they received SMSs from a candidate in municipal elections without having any previous relationship with her.
Dispute
Holding
The HDPA held that according to the GDPR and Article 11 of L. 3471/2006, in electronic political communication a politician is a data controller insofar as they determine the scope and means of processing, e.g. their personal political communication. Thus, the are bound by the principle of accountability.
Here, the politician failed to prove she obtained the complainants' consent and she offered the right to object to the political communication. Moreover the data subjects could not easily find the controller's details in order to exercise their rights.
Thus, the HDPA imposed the fine of € 2.500.
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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.
