ANSPDCP (Romania) - Fine against SC Nobiotic Pharma SRL

ANSPDCP (Romania) - Fine against SC Nobiotic Pharma SRL
Authority:	ANSPDCP (Romania)
Jurisdiction:	Romania
Relevant Law:	Article 58(1)(a) GDPR Article 58(1)(e) GDPR
Type:	Investigation
Outcome:	Violation Found
Started:
Decided:
Published:	13.12.2021
Fine:	2000 EUR
Parties:	SC Nobiotic Pharma SRL
National Case Number/Name:	Fine against SC Nobiotic Pharma SRL
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Romanian
Original Source:	ANSPDCP (in RO)
Initial Contributor:	Diana Rosu

The Romanian DPA fined a wholesale pharmacist for approximately €2.000 because it ignored the DPA's request to provide information regarding its processing operations, in violation of Article 58(1) GDPR.

English Summary

Facts

Controller is SC Nobiotic Pharma SRL, a wholesale pharmacist. A data subject filed a complaint after they received unsolicited commercial SMS messages, and had their data processed for direct marketing purposes without consent. During the investigation, the Romanian DPA required the controller to provide information regarding its processing operations and access to the processed personal data.

Holding

The controller did not answer the DPA's requests. Consequently, the DPA imposed a fine of approximately €2.000 (RON 9.890).

Comment

This decision is focused on a similar industry to this one from last week, perhaps indicating that the Romanian DPA is taking a closer look at the processing activities of medical professionals.

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English Machine Translation of the Decision

The decision below is a machine translation of the Romanian original. Please refer to the Romanian original for more details.

13.12.2021 & # 13;
RGPD & # 13;
& # 13;
In November of this year, the National Supervisory Authority completed an investigation at the operator of SC Nobiotic Pharma SRL and found a violation of the provisions of art. 58 para. (1) of the General Data Protection Regulation. & # 13;
As such, SC Nobiotic Pharma SRL was sanctioned with a fine in the amount of 9890 lei, the equivalent of 2000 EURO, for violating art. 58 para. (1) of the General Regulation on Data Protection, regarding the obligation of the operator to provide the necessary information to the National Supervisory Authority. & # 13;
In this context, we specify that art. 58 para. (1) lit. a) and e) of the General Data Protection Regulation provide as follows: & # 13;
"(1) Each supervisory authority shall have all the following powers of investigation: & # 13;
a) to order the operator and the person authorized by the operator and, as the case may be, the representative of the operator or the person authorized by the operator to provide any information that the supervisory authority requests in order to carry out its tasks; & # 13;
e) to obtain, from the operator and the person empowered by the operator, access to all personal data and to all information necessary for the performance of his tasks ”. & # 13;
The investigation was carried out as a result of complaints by the petitioner claiming that the operator had sent him unsolicited commercial SMS messages without his consent. & # 13;
As the operator did not comply with the request for information addressed by the National Supervisory Authority in the exercise of its powers, it was sanctioned with a fine. & # 13;
& # 13;
Legal and Communication Department & # 13;
A.N.S.P.D.C.P.