HDPA (Greece) - 65/2022
| HDPA - 65/2022 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 12(1) GDPR Article 12(3) GDPR Article 12(4) GDPR Article 13 GDPR Article 15(1) GDPR Article 51 GDPR Article 55 GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 14.12.2022 |
| Decided: | 20.12.2022 |
| Published: | 20.12.2022 |
| Fine: | n/a |
| Parties: | n/a |
| National Case Number/Name: | 65/2022 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Greek |
| Original Source: | HDPA (in EL) |
| Initial Contributor: | ANASTASIA TSERMENIDOU |
The DPA instructed the complainant to take action to establish, within two months of receipt of the decision, procedures to ensure that the rights of data subjects are duly respected and to inform the DPA accordingly.
English Summary
Facts
The DPA has investigated two related complaints of infringement of the right of access to recorded conversations against a polling company. This right was exercised by the complainants as participants in a polling survey carried out by that company. The DPA accepted the complainant's request for withdrawal of the complaint, putting one complaint on the file, while for the other one it found that a violation of Article 12(1), (3), (4) and 15(1), (3), (4) of the GDPR, had taken place, in so far as the complainant company never responded to the above-mentioned right, even to inform the complainant that it did not have the information requested by the complainant in its file, and imposed a reprimand for the above-mentioned infringements. At the same time, it instructed the complainant to take action to establish, within two months of receipt of the decision, procedures to ensure that the rights of data subjects are duly respected and to inform the DPA accordingly.
Holding
The DPA highlighted that the polling company did not satisfied the right of access and in any event not it appears that the failure to satisfy it is justified in the circumstances, or late fulfilment of the request, in particular within the time limits laid down by the GDPR time-limits, and it therefore follows that Article 15 of the GDPR has been infringed in conjunction with the provision of Article 12 (1), (3), (4) the of the GDPR.
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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.
Summary The Authority reviewed two related complaints of violation of the right to access recorded conversations against a polling company. This right was exercised by the complainants as participants in a public opinion survey carried out by the aforementioned company. The Authority accepted the complainant's request to withdraw, placing one complaint on file, while for the other, it found that there had been a violation of articles 12 para. 1, 3, 4 and 15 para. 1 of the GDPR, to the extent that the complained company never responded to the right exercised above, if only to inform about the fact that it does not have in its file the element requested by the complainant and imposed a reprimand for the above violations. At the same time, he instructed the complainant to act to formulate, within two months from the receipt of the decision, procedures, in order to adequately satisfy the rights of the data subjects and to inform the Authority accordingly.
