AEPD - PS/00043/2020
|AEPD - PS/00043/2020|
|Relevant Law:||Article 13 GDPR|
Article 83(5) GDPR
|National Case Number/Name:||PS/00043/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
|Initial Contributor:||Francesc Julve Falcó|
The Spanish DPA (AEPD) imposed a warning sanction on a private individual for failing to comply with the right to information (Article 13 GDPR) when collecting personal data on its website.
English Summary[edit | edit source]
Facts[edit | edit source]
The website contained a form to collect personal data (name, telephone number, and e-mail address) from those interested in the project led by the defendant.
The respondent stopped the data processing when it was warned of the possible unlawfulness of the conduct, and the AEPD was able to verify that the personal data collection form had been removed.
Dispute[edit | edit source]
Holding[edit | edit source]
The AEPD considered that, in the present case, it was sufficient to impose a warning sanction for breach of the duty to provide information on the processing of data, as set out in article 13 GDPR.
In order to determine the level of the sanction, the AEPD took into account the fact that this is a natural person whose main activity is not linked to the processing of personal data and that there is no evidence of recidivism, as there is no record of the commission of previous infringements.
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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.