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 (AEPD) issued a reprimand to URBAN PLANET (a trampoline park) for asking to provide photos at the entrances to the park, each time the park is visited and accessed.
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 is to avoid possible cases of impersonation, the collection of the image being ideal to achieve the objective and identify them, and is not very costly. The Spanish DPA assessed whether the criteria of data minimisation as per article 5(1)(c) GDPR was met in the case.
The AEPD recalled that the necessity test for any limitation of the exercise of rights to the protection of personal data should be strict and processing should be carried out only where strictly necessary, since in principle, 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. The DPA considers that the purpose underlying the taking of photographs for access is neither covered by the purpose of the processing nor is it necessary or proportionate. It states that the need to provide photos at the entrances to the park, each time the park is visited and accessed, and the taking of photos to prove knowledge of the rules of use are not adequate, pertinent and relevant data in this case, therefore article 5(1)(c) GDPR is infringed. For this reason, the DPA issued a reprimand to URBAN PLANET as per article 58(2)(b).
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English Machine Translation of the Decision
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.