AEPD (Spain) - PS/00068/2021
|AEPD (Spain) - PS/00068/2021|
|Relevant Law:||Article 5(1)(c) GDPR|
Article 58(2)(b) GDPR
|National Case Number/Name:||PS/00068/2021|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
The Spanish DPA issued a reprimand to URBAN PLANET trampoline park for asking customers to provide photos at the entrance to the park with every visit.
English Summary[edit | edit source]
Facts[edit | edit source]
A complaint was filed against URBAN PLANET (a trampoline park) for asking a disproportionate amount of data in order to access its premises. Specifically, the user must fill in a registration form with: name and surname, ID number, address, telephone number, e-mail address, date of birth and photograph. URBAN PLANET explained that the identity verification was put in place as a cost effective way to verify the identity of the visitors. The Spanish DPA (AEPD) assessed whether the criteria of data minimisation as per Article 5(1)(c) GDPR was met in the case.
Holding[edit | edit source]
The AEPD recalled that the necessity test for any limitation of data protection rights should be strict, and processing should be carried out only where strictly necessary. Any data processing operation (such as collection, storage, use, disclosure of data) provided for by law limits the right to the protection of personal data, irrespective of whether such a limitation may be justified or not. The AEPD considered that the purpose underlying the taking of photographs for visitor's access to the park in this case was neither covered by the processing purposes, nor was it necessary or proportionate. The AEPD stated that the photos requested to access the park and to confirm knowledge of the park's rules of use are not adequate, pertinent and relevant data according to these purposes. Therefor, the AEPD held that Article 5(1)(c) GDPR was infringed, and issued a reprimand to URBAN PLANET as per Article 58(2)(b) GDPR.
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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.