ANSPDCP (Romania) - Fine against PPC Energie Muntenia S.A.

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ANSPDCP - Fine against PPC Energie Muntenia S.A.
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Authority: ANSPDCP (Romania)
Jurisdiction: Romania
Relevant Law: Article 12(3) GDPR
Article 17 GDPR
Type: Complaint
Outcome: Upheld
Started:
Decided:
Published: 23.09.2024
Fine: 9,947.60 RON
Parties: PPC Energie Muntenia S.A.
National Case Number/Name: Fine against PPC Energie Muntenia S.A.
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Romanian
Original Source: ANSPDCP (in RO)
Initial Contributor: fb

The DPA fined an energy provider RON 9,947.60 (€2,000) after it failed to act on an erasure request in violation of Article 12(3) and Article 17 GDPR.

English Summary

Facts

The data subject filed an erasure request with the controller, an energy provider.

The controller did not reply to this request within the time frame set by Article 12(3) GDPR.

Therefore, the data subject filed a complaint with the DPA.

Holding

The DPA noted that the controller did not reply to the data subject's erasure request within the time frame set by Article 12(3) GDPR.

Therefore, it found a violation of Article 12(3) GDPR in combination with Article 17 GDPR and issued a fine of RON 9,947.60 (€2,000).

Moreover, it ordered the controller to implement measures in order to ensure a prompt answer to data subjects' requests.

Comment

This summary is based on a press release. The Romanian DPA does not publish full decisions.

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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.

23.09.2024

Penalty for GDPR violation

 

In September 2024, the National Supervisory Authority for the Processing of Personal Data completed an investigation at the PPC ENERGIE MUNTENIA S.A. operator. and found a violation of the provisions of art. 12 para. (3) Regulation (EU) 2016/679 (RGPD), by reference to art. 17 of the same regulation.

As such, the operator was penalized with a fine of 9,947.6 lei (equivalent to 2,000 EURO).

The investigation was started as a result of a complaint through which the petitioner informed us that PPC ENERGIE MUNTENIA S.A. (formerly ENEL ENERGIE MUNTENIA S.A.) did not provide him with an answer to the request through which he exercised his right to delete personal data , regulated by art. 17 of the GDPR.

During the investigation, it was found that the operator did not present evidence regarding the transmission of an answer to the petitioner's request within the term established by art. 12 para. (3) of the RGPD, respectively no more than one month or no more than 3 months from the receipt of the request, the answer being communicated after the expiration of the legal term mentioned above.

The National Supervisory Authority for the Processing of Personal Data also applied to the operator the corrective measure to comply, in all cases, with the applicable provisions regarding the analysis and resolution without delay of the requests submitted by the data subjects under the RGPD (art. 12-22) and to communicate answers to them within the legal terms, including through periodic testing of dedicated applications.

 

Legal and Communication Department

A.N.S.P.D.C.P.