ANSPDCP (Romania) - 26.09.2023
| ANSPDCP - 26.09.2023 | |
|---|---|
 | |
| Authority: | ANSPDCP (Romania) |
| Jurisdiction: | Romania |
| Relevant Law: | Article 32(1)(b) GDPR Article 32(1)(d) GDPR Article 4 (5) Law 506/2004 (implementing ePrivacy Directive) |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | |
| Published: | |
| Fine: | 32000 EUR |
| Parties: | n/a |
| National Case Number/Name: | 26.09.2023 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Romanian |
| Original Source: | Romanian DPA (in RO) |
| Initial Contributor: | maxinescu |
An energy company was fined €25,000 for the failure to implement the appropriate technical and organizational measures, following a data breach affecting at least 750 data subjects, in violation of Articles 32(1)(b) and 32(1)(d) GDPR. Also, the company was sanctioned with a fine of 8,000 EUR for the failure to comply with cookies requirements under Law 506/2004 (implementing ePrivacy Directive).
English Summary
Facts
The DPA initiated an investigation upon receiving a complaint regarding a potential breach of personal data security on an energy company website. The data breach consisted in the fact that a file of the controller’s website containing personal data including name, surname, address, telephone numbers, e-mail address, contract number and date of concluding the contract pertaining to a number of at least 750 data subjects was publicly accessible by accessible, by accessing a link generated by search engines. The accessibility of the file lasted for a period of about 2 years and a half. During the investigation, DPA also assessed that during the accession of the website by users, it also employed cookies which were not necessary from a technical perspective for the operation of the website. The cookies were installed before the user was asked to grant the consent button. Also, even if the user was not agreeing with the cookies employment and accessed the Refuse button, this option was not actually observed by the controller, as the cookies remained installed for a certain period of time, on the user’s device, irrespective of the user’s choice.
Holding
The DPA assessed a violation of Article 32 (1) (b) and (d) GDPR, as well as a breach of Article 4 (5) of Law 506/2004. In addition to the sanctions imposed, the DPA has also imposed corrective measures, ordering the controller to implement a procedural plan including a process of periodic testing, evaluation and reassessment of all systems and their subsequent changes made by the controller or its service providers (processors), in particular with respect to the website managed by the controller.
Comment
Unfortunately, the Romanian DPA does not publish its full decisions. This summary is based on a press release.
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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.
https://www.dataprotection.ro/?page=Comunicat_Presa_26_09_2023&lang=ro
