AEPD - PS/00028/2020
|AEPD - PS/00028/2020|
|Relevant Law:||Article 6 GDPR|
|National Case Number/Name:||PS/00028/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
|Initial Contributor:||Miguel Garrido de Vega|
The Spanish DPA (AEPD) imposed a fine of €4000 on the business partnership Callesgarcía, S.C. for the infringement of the lawfulness principle, as per Article 6 GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
The decision is the consequence of a complaint submitted by a Spanish citizen stating that the defendant had unauthorizedly used a picture of his/her wedding (taken by a third party) in order to make promotion and advertising of its business.
Dispute[edit | edit source]
The defendant did not answer the AEPD investigation requests, so the AEPD started the corresponding sanction procedure.
Holding[edit | edit source]
Thus, the AEPD understood that the defendant has infringed the lawfulness principle included at Article 6 GDPR, as it has processed the personal data of the Spanish citizen without his/her consent. Consequently, after considering some circumstances [(i) there is an unintended negligent conduct by the defendant, and (ii) basic personal data are affected], the AEPD decided to impose a fine of 4,000 € to the defendant.
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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.