AEPD (Spain) - EXP202104693
|AEPD - EXP202104693
|Article 6(1) GDPR
|ESTUDIO INMOBILIARIO SAN ISIDRO
|National Case Number/Name:
|European Case Law Identifier:
|AEPD (in ES)
The Spanish DPA imposed a fine of €5,000 on a real estate agency that obtained personal data from a third party to offer its services to the data subject, without having a proper legal basis. Besides, the controller cannot rely on legitimate interest without prior balancing test.
English Summary[edit | edit source]
Facts[edit | edit source]
Employees of the controller, a real estate agency, came to the data subject's home to offer their services in relation to a property owned by her father. Intrigued, she asked the employees where they had obtained her and her father's personal data. In response, employees informed that the agency used a website to find out where they lived.
The data subject then filed a complaint with the Spanish DPA, claiming that obtaining her data from a third party and using it for promotional purposes was illegal.
In the procedure, the controller admitted that its employees obtained her name from the neighbors and used the services of a website called Quality Provider to find out where she lived and offer her their services.
Holding[edit | edit source]
The Spanish DPA began its analysis by emphasizing that all processing of personal data needs a legal basis. It recalled that access to personal data, in itself, constitutes a processing operation and must be supported by a legal basis.
In the present case, the DPA noted that the controller did not indicate any of the hypotheses of Article 6(1) GDPR as a legitimizing basis for its action. In addition, it pointed out that, when the controller intends to rely on its legitimate interests, it must carry out a balancing exercise prior to the processing of personal data.
Considering that the controller failed to comply with this obligation, the DPA found a violation of article 6(1) GDPR and imposed a fine of €5,000.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.