AEPD (Spain) - PS/00034/2020
| AEPD - PS/00034/2020 | |
|---|---|
 | |
| Authority: | AEPD (Spain) |
| Jurisdiction: | Spain |
| Relevant Law: | Article 5(1)(f) GDPR 9 (h) Ley 49/1960, de Propiedad Horizontal |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | 31.08.2020 |
| Published: | 31.08.2020 |
| Fine: | 10000 EUR |
| Parties: | n/a |
| National Case Number/Name: | PS/00034/2020 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Spanish |
| Original Source: | AEPD (in ES) |
| Initial Contributor: | Francesc Julve Falcó |
The Spanish DPA fined a neighborhood community EUR 10.000 for infringing Article 5(1)(f) of the GDPR.
English Summary
Facts
The complainant had contracted a debt with the community of neighbours. The administrator, believing himself to be covered by the Horizontal Property Law Article 9 (h)* published his name, address, and amount owed on the community's notice board.
The administrator of the community said that the former administrator displayed the person's debt on the notice board because the applicant refused to take receipt of a notification where it said that they were going to register her owe in a public register.
Dispute
Is the public displaying of a document containing personal data on the notice board of the neighbour’s community a violation of Article 5 (1) (f) GDPR?
Holding
The Spanish DPA held that the public sharing on the notice board located in the neighbour’s community hall is an infringement of Article 5 (1) (f) GDPR, which addresses the principles of integrity and confidentiality of personal data, as well as proactive responsibility of the data controller to demonstrate his compliance.
The fact that it was a non-intentional negligent action, that basic personal identifiers were affected and the continued nature of the infringement were considered aggravating factors, determining the amount of the fine in EUR 10000.
Comment
The complainant was a victim of gender-based violence recognized by a court ruling and therefore requested that her data be processed more carefully.
Article 9 Horizontal Property Law: "If a summons or notification to the owner cannot be made in the place foreseen in the previous paragraph, it will be understood that it has been made by placing the corresponding communication on the community notice board, or in a visible place of general use enabled for this purpose, with express diligence of the date and reasons for which this form of notification is made, signed by the person who exercises the functions of community secretary, with the approval of the president. The notification carried out in this way will produce full legal effects within three calendar days."
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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.
