ANSPDCP (Romania) - Fine against Kaufland Romania SCS
| ANSPDCP (Romania) - Fine against Kaufland Romania SCS | |
|---|---|
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| Authority: | ANSPDCP (Romania) |
| Jurisdiction: | Romania |
| Relevant Law: | Article 15(3) GDPR |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | |
| Published: | 20.01.2022 |
| Fine: | 3000 EUR |
| Parties: | Kaufland Romania SCS |
| National Case Number/Name: | Fine against Kaufland Romania SCS |
| 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 Kaufland Romania approx €3000 for not providing a complete video footage during a data access request. If disclosed, the full recordings would have included and compromised other individuals' images. However, the DPA argued that technical measures could have been implemented to blur such data.
English Summary
Facts
A data subject made an access request, willing to receive a copy of the video recordings from when they were visiting the controller's supermarket (Kaufland).
Kaufland refused to offer the all the existent footage that including the data subject, arguing that other individuals were captured in those videos, and disclosing such material would affect their rights and freedoms.
Holding
The Romanian DPA decided the a controller shall take the necessary technical and organisational measures when answering an access request, to make sure the other individuals' personal data and rights are not affected. The DPA suggested that, in such cases, other individuals' images could have been blurred.
Therefore, Kaufland did not fully answer an access request from a data subject, in breach of article 15(3) GDPR and was fined RON 14 846,4 (approx €3000).
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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.
20.01.2022 & # 13; Sanction for RGPD & # 13; & # 13; The National Supervisory Authority completed in December 2021 an investigation at the operator Kaufland Romania SCS and found a violation of the provisions of art. 15 para. (3) of the General Data Protection Regulation, regarding the right of access. & # 13; As such, the operator was sanctioned with a fine of 14846.4 lei (equivalent to 3000 EURO). & # 13; The investigation was initiated following a complaint from a data subject that the operator did not provide a full copy of the video recordings for a certain time during which it was in the commercial premises. & # 13; In the investigation, it was considered that it is the obligation of the operator to communicate a video containing images concerning the data subject, as a result of the exercise of the right of access by him, and the communication of images can be done by the operator by taking shutter action ( "Blurring") of those images that could infringe the rights and freedoms of other individuals, if any. Therefore, the operator is obliged to adopt a series of technical and organizational measures, in order to allow the full exercise of the access right of the data subject, while respecting the rights of other individuals. & # 13; As such, the National Supervisory Authority found that the operator did not fully communicate the respective video recordings requested, which constitutes a violation of art. 15 para. (3) of the General Data Protection Regulation. & # 13; & # 13; Legal and Communication Department & # 13; A.N.S.P.D.C.P.
