AEPD - PS/00227/2020
|AEPD - PS/00227/2020|
|Relevant Law:||Article 6(1) GDPR|
Article 13 GDPR
|Parties:||RECAMBIOS VILLALEGRE S.L.|
|National Case Number/Name:||PS/00227/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
|Initial Contributor:||Francesc Julve Falcó|
The Spanish DPA (AEPD) sanctioned the company RECAMBIOS VILLALEGRE S.L. with a fine of €12000 for publishing images of a person on social networks without a legal basis and for the lack of informative posters on the installed video surveillance system.
English Summary[edit | edit source]
Facts[edit | edit source]
On 23 July 2020, a citizen reported to the AEPD a harassment campaign that the company RECAMBIOS VILLALEGRE S.L. carried out through Facebook and WhatsApp against a homeless person who, according to the company, had stolen money from the office cash register.
The aforementioned company used images collected with security cameras that recorded the street pavement, without having an informative poster on the premises that mentioned the use of these cameras.
The same complainant presented another letter on July 25, 2020 to the AEPD informing that several newspapers had reported the alleged theft, that a quick trial had been held and that the indigent person had been acquitted for lack of evidence, since none of the published images could prove that the person had taken money from the offices.
Once again, the company published images of the person on Facebook with the aim of negatively affecting their reputation.
Dispute[edit | edit source]
Is the recording of personal images (without a notice board) and their subsequent publication on social networks (Facebook and WhatsApp) an infringement of Articles 6 and 13 GDPR?
Holding[edit | edit source]
The AEPD decided to impose, for infringement of Article 6 GDPR, a fine of € 10000 and, for infringement of Article 13 GDPR, a fine of € 2000.
In addition, the company was required, within one month, to remove the Facebook posting and the comments affecting the homeless person who was harassed, to put up an information poster of the recording of images with video surveillance cameras, and to have the information for those affected required by the GDPR.
Comment[edit | edit source]
As factors to be taken into account, in this case, were assessed:
The nature and seriousness of the infringement, taking into account the purpose of the processing operation in question as well as the level of the damage suffered; the intentionality or negligence of the infringement; that it concerns a small enterprise whose main activity is not linked to the processing of personal data That no recurrence is appreciated, since the commission of the infringement is not established, within the period of one year, of more than one infringement of the same nature.
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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.
1/15 Procedure Nº: PS / 00227/2020 RESOLUTION OF SANCTIONING PROCEDURE Of the procedure instructed by the Spanish Agency for Data Protection and based on the following BACKGROUND FIRST: Mr. A.A.A. (hereinafter, the claimant), dated July 23, 2020, filed a claim with the Spanish Agency for Data Protection. The The claim is directed against RECAMBIOS VILLALEGRE, S.L., with NIF B74393992 (hereinafter, the defendant) for facts that could be violating the legislation on protection of personal data. The main reasons on which it bases the claim are as follows: «I am contacting you due to the harassment and threats that are frying a poor indigent from the city of *** LOCALIDAD.1 (*** PROVINCIA.1) because of a publication that the company Recambios Villalegre put in its Facebook page at night of the day *** DATE.1. In said publication, accuse this pauper (who makes his living begging) of having robbed them of all the cash out of the register, and last but not least so sees accusation, they attach a photograph taken of the aforementioned person from the cameras surveillance gangs, something totally illegal, even more so when the aforementioned em- The dam does not have an informative poster of the video-monitored area in its facilities. As you can see in the screenshots attached to this claim, imagine- They will see the great repercussion that this has had in the city since, at the As of writing this text, the publication has been shared by XXXX people and with hundreds of vexatious, insulting and even threatening comments. It is worth mentioning that, although in the controversial publication they claim to have everything perfectly engraved, it is striking that in the photograph provided it is not visible the cash register nowhere, which is why it is sobering whether mind has been a robbery or on the contrary some kind of revenge or enmity of the company with the injured party. As if that were not enough, all of the above, the aforementioned company has also circulated by WhatsApp groups another photograph (which is attached together with this claim) of this person taken in this case head-on, after of what appears to be a vehicle and in which his face is perfectly recognizable possible, multiplying even more if possible all the harassment and threats that A man is suffering all over the city. Since this person has no recourse to try to solve address the problem that they have intentionally caused, and after communicating carme her decision to leave town (at best) for everything what he is suffering, I feel obliged to communicate it to the AEPD with the intention that they take the appropriate measures with the aforementioned company that has C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 2/15 abused excessively against this person. It should be remembered that the Spanish Constitution of 1978 in its article 18, protects and preaches the right to honor, personal and family privacy, as well as well as its own image, a right that this company has flagrantly violated. grante against this person. For all the above, please take the necessary measures arias to end this situation as soon as possible, as well as proceed to impose the corresponding sanction on the aforementioned company in the case that is coming. P.S.: Three screenshots are attached that demonstrate all the ex- affixed, as well as the link of the publication that the company made. *** URL.1 One of the images sent is a photograph of a person dragging A car. The other image is the one included in the Facebook profile of the claimed entity, that was published last *** DATE. 1 a post in which a photograph was included corresponding with a frame of the images captured by the video surveillance camera. lancia of the store, in which one can see on the other side of the threshold of the door of the store (the mara captures an important part of the sidewalk without observing an information sign), for outside, the silhouette of a man with a shopping cart. The publication is accompanied ña of the following comment: "This man who spends his days asking for help very politely for him center of *** LOCALIDAD.1 and especially, by the terraces of the bars, today In the afternoon we have entered our business and at one point we have had to be in the back of the store, has entered inside the counter and took all the money we had in cash. The cameras have recorded it perfectly. I beg for maximum dissemination for everyone's help. The publication has been verified to remain available. SECOND: The claim was admitted for processing by resolution of July 24 2020. THIRD: The claimant submitted a new brief, dated July 25, 2020, in the which states the following: “Apologizing in advance for writing to you on the same subject with a time interval of little more than 24 hours, I see myself in doing it due to changes bios recently emerged with this issue. To put us in background, it is of the case of the company *** LOCALIDAD.1 that published in its social networks the photo- C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 3/15 graph, taken completely illegally from a homeless person who had entered the premises at beg. In said complaint before you yesterday, the citation was accused- gives person to have committed a rather dubious robbery from our point of view, but due to the implausible version argued by the company, it would have been There has been a violation of the Data Protection Law for having published the photograph of the alleged offender. Well, as you can see in the links below, added, the impact of this incident has increased considerably derable since it has been published in the most widely read newspapers in this area (*** DIARIO.1 and *** DAILY. 2) As both published, the arrest of said person by the announces that the company had attended and had to attend the holding of a fast, since the alleged theft exceeded XXX, today and for which he was totally acquitted for lack of evidence. Proof of their immediate release can Please confirm by reading the new publication that the complainant company has post on their social networks in which they affirm what I expose here. Person accused of a criminal offense has been released on the same day as the trial, We believe that it is more than enough proof and there is no reason to submit the accused to such a social exposure. And once again, that you settle for this harassment, republish the images of this person to facilitate recognition to other people. As I did yesterday, by capturing pan- size of the social network of the aforementioned company, as well as in the different links in which It has been published by the media. I request your immediate withdrawal of these publications: *** URL.2 *** URL.3 *** URL.4 FOURTH: On August 11, 2020, the Director of the Spanish Agency for Data Protection agreed to initiate a sanctioning procedure to the claimed, by the alleged violation of article 6 of the RGPD, and article 13 of the RGPD, typified in Article 83.5 of the RGPD. FIFTH: The initiation agreement was electronically notified to the claimed. So required ge Article 14.2 of Law 39/2015 of Common Administrative Procedure of the Public Administrations (LPACAP) according to which “In any case they will be obliged two to interact through electronic means with Public Administrations to carry out any administrative procedure, at least, the following subjects: a) Legal persons ”. Work in the file the Certificate issued by the Notification Service Electronic and Authorized Electronic Address of the FNMT-RCM, which records- cia of the sending of the initiation agreement, notification of the AEPD addressed to the claimed, through through that means being the date of making available in the electronic headquarters of the agency on 08/13/2020 and the automatic rejection date on 08/24/2020. Article 43.2. of the LPACAP establishes that when the notification by means electronic data is mandatory - as is the case in the present case - “it is will be rejected when ten calendar days have elapsed from the commissioning disposition of the notification without accessing its content. " (The underlining is from C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 4/15 AEPD) Add that articles 41.5 and 41.1, third paragraph, of the LPACAP say, res- pectively: “When the interested party or his representative rejects the notification of an act administrative action, will be recorded in the file specifying the circumstances of the attempted notification and the means, considering the process completed and continuing- I know the procedure. " (The underlining is from the AEPD) "Regardless of the medium used, notifications will always be valid that allow to have proof of their sending or making available, of the reception or access by the interested party or their representative, of their dates and times, of the content integrity, and the trustworthy identity of the sender and the recipient of the same. The accre- The notification of the notification made will be added to the file ”. Thus, considering that the notification of the initiation agreement to the claimed party is carried out electronically by legal imperative (article 14 LPACAP) and that the rejection of the notification after ten days, as provided in article 43.2 of the aforementioned law, the procedure was considered completed and the procedure continued its course. so (ex article 41.5 LPACAP) SIXTH: On September 26, 2020, the testing phase began, agreeing practice the following: 1. For evidentiary purposes, the claim filed by the claimant and the documentation provided. 2. RECAMBIOS VILLALEGRE S.L. is requested to inform us of the following questions: a) If you have filed a complaint for theft of XXX euros against the indigent who points to the facebook of the entity. b) If a judgment has been passed on that complaint and its result, Accompanying a copy of it, if any. c) If you have removed from your Facebook the images of the homeless person to whom you attributed the theft of XXX euros from the cash register of your establishment and the recording of those facts. d) Provide documentary evidence of the informative poster of the video-monitored area with the information required by data protection regulations. The Notification of the test practice has been returned with the legend of "Unknown". SEVENTH: In accordance with article 73.1 of the LPACAP, the term to formulate allegations to the Initiation Agreement is ten days computed from the following of the notification. Article 64.2. LPACAP, indicates that the accused will be informed of the right to formulate allegations, the “right to a hearing in the procedure and the deadlines C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 5/15 for its exercise, as well as the indication that in case of not making allegations in The term provided for the content of the initiation agreement may be considered proposed resolution when it contains a precise pronouncement on the the imputed responsibility ”. (The underlining is from the AEPD) The agreement to initiate the disciplinary proceedings at hand contained a Precise statement on the responsibility of the claimed entity: in the aforementioned agreement was specified what was the offending conduct, the type of sanction in which it was subsumable, the modifying circumstances of the described responsibility and the sanction which in the opinion of the AEPD should be imposed. In consideration of the foregoing and in accordance with the provisions of article 64.2.f) of the LPACAP, the agreement to initiate PS / 00227/2020 is considered Pro- Resolution setting. In view of all the actions, by the Spanish Protection Agency of Data in this procedure the following are considered proven facts, ACTS FIRST: On July 23, 2020, it was received at the Spanish Agency for Pro- Data protection a claim in which it was indicated that the company Recambios Villalegre had published on his Facebook page, on *** DATE.1, that an individual people had stolen all the cash they had in the register. Accompanying the publication was an image of the accused person taken from his video surveillance camera. They include the following information: "This man who spends his days asking for help very politely for him center of *** LOCALIDAD.1 and especially, by the terraces of the bars, today in the afternoon we have entered our business and at a time when we have had to be in the back of the store, he went inside the counter and took all the money we had in cash. The cameras have recorded it perfectly. I beg maximum diffusion for the help of all. SECOND: The publication has been shared by XXXX people and a number of mere vexatious, insulting and even threatening comments. Likewise, the claimed company has also circulated by groups of WhatsApp another photograph (which is attached to this claim) of this person all- in this case from the front, from what appears to be a vehicle and in which her face is perfectly recognizable, multiplying even more if possible all the harassment and threats You know that this poor man is suffering all over the city. THIRD: The claimed company does not have posters informing that it is a video surveillance area. FOUNDATIONS OF LAW C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 6/15 I By virtue of the powers that article 58.2 of Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter RGPD), recognizes each Control Authority, and as established in articles 47, 48.1, 64.2 and 68.1 of the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantees aunt of digital rights (hereinafter, LOPDGDD), the Director of the Es- The Data Protection Office is competent to initiate and resolve this procedure. to. Article 63.2 of the LOPDGDD determines that: «The procedures processed by the Spanish Agency for Data Protection will be governed by the provisions in Regulation (EU) 2016/679, in this organic law, by the provisions regulations dictated in their development and, as long as they do not contradict them, in a subsidiary, by the general rules on administrative procedures. " II The physical image of a person, in accordance with article 4.1 of the RGPD, is data personal protection and their protection, therefore, is the object of said Regulation. In article 4.2 of the RGPD defines the concept of "processing" of personal data. It is, therefore, pertinent to analyze whether the processing of personal data (image of natural persons) carried out through the capture of photography and video reported is in accordance with the provisions of the RGPD. III In the first place and referring to the publication of the images indicated in the the claims made, article 6.1 of the RGPD, establishes the assumptions coughs that allow the processing of personal data to be considered lawful: "1. The treatment will only be lawful if it meets at least one of the following terms: a) the interested party gave their consent for the processing of their data personal for one or more specific purposes; b) the treatment is necessary for the performance of a contract in which the interested is part or for the application at the request of this of measures pre-contractual; c) the treatment is necessary for the fulfillment of a legal obligation applicable to the person responsible for the treatment; d) the treatment is necessary to protect vital interests of the interested party or of another natural person. e) the treatment is necessary for the fulfillment of a mission carried out in public interest or in the exercise of public powers conferred on the person responsible of the treatment; f) the treatment is necessary for the satisfaction of legitimate interests pursued by the controller or by a third party, provided that the interests or the rights and freedoms do not prevail over said interests C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 7/15 fundamental data of the interested party that require the protection of personal data, in particular when the interested party is a child. The provisions of letter f) of the first paragraph shall not apply to the treatment carried out by public authorities in the exercise of their functions. " On this question of the legality of the treatment, the Recital 40 of the aforementioned RGPD, when it states that “For the treatment is lawful, personal data must be processed with consent of the interested party or on any other legitimate basis established in accordance with Law, and either in this Regulation or by virtue of other Union law or the Member States to which this Regulation refers, including the need to comply with the legal obligation applicable to the person responsible for the treatment or the need to execute a contract with which the interested party is a party or in order to take measures at the request of the interested party prior to the conclusion of a contract. " In relation to the above, it is considered that there is evidence that the treatment of data of the person who appears in the images object of this claim has been made without justifying cause of those included in article 6 of the RGPD. The RGPD applies to personal data, which is defined as' data personal information ": any information about an identified or identifiable natural person (" the interested"); an identifiable natural person shall be any person whose identity can be determined, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, a online identifier or one or more elements of physical identity, physiological, genetic, psychic, economic, cultural or social of said person. The person whose data the complainant has processed is perfectly identifiable since their identity can be determined, directly or indirectly, in particular through the images and comments that the company has included on Facebook claimed. IV Second, the photograph that is extracted from the video surveillance system installed by the claimed invades the sidewalk of the street from which you enter the premises. It is, therefore, pertinent to analyze whether the processing of personal data (image of natural persons) carried out through the video surveillance system of the claimed is in accordance with the provisions of the RGPD. Article 5.1.c) of the RGPD, regarding the principles of treatment, provides that personal data will be "adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ("data minimization"). » East article enshrines the principle of data minimization in data processing personal. It assumes that said treatment is adjusted and proportional to the purpose to the one that is addressed, and the processing of excessive data must be restricted or proceed to the suppression of them. The relevance of the data processing must occur both in the field of the collection of the data as in the subsequent treatment that is carried out of the C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 8/15 themselves. Article 12.1 of the RGPD states: “1. The data controller will take the appropriate measures to provide the interested party with all the information indicated in the articles the 13 and 14 "The RGPD lists the categories of information that must be provided to an interested party in relation to the processing of their personal data in cases where those that are collected from the same (article 13) or are obtained from another source (article 14). 12.7 indicates: “The information that must be provided to interested parties by virtue of Articles 13 and 14 may be transmitted in combination with standard icons that allow to provide in an easily visible, intelligible and clearly legible way an adequate overview of the planned treatment " Article 22 of the LOPDGDD establishes the specificities of the treatment of data for video surveillance purposes, indicating the following: "1. Individuals or legal entities, public or private, may carry out the Image processing through camera or video camera systems with the purpose of preserving the safety of people and property, as well as their installations. 2. Images of public roads may only be captured to the extent that it is Essential for the purpose mentioned in the previous section. However, it will be possible to capture the public road in a greater extension when necessary to guarantee the security of goods or facilities strategic or infrastructure related to transport, without in any case may involve capturing images from inside a private home. 3. The data will be deleted within a maximum period of one month from its collection, except when they had to be kept to prove the commission of acts that threaten the integrity of people, property or facilities. In that In this case, the images must be made available to the competent authority in a maximum period of seventy-two hours from the knowledge of the existence of the recording. The blocking obligation provided for in the Article 32 of this organic law. 4. The duty of information provided for in article 12 of the Regulation (EU) 2016/679 will be understood to be fulfilled by placing an information device in a sufficiently visible place identifying, at least, the existence of the treatment, the identity of the person in charge and the possibility of exercising the rights provided in the Articles 15 to 22 of Regulation (EU) 2016/679. It may also be included in the informational device a connection code or internet address to this information. In any case, the data controller must keep available to the affected the information to which the aforementioned regulation refers. 5. Under article 2.2.c) of Regulation (EU) 2016/679, it is considered Excluded from its scope the treatment by a natural person of images that only capture the interior of your own home. C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 9/15 This exclusion does not cover the treatment carried out by a security entity private that had been hired for the surveillance of a home and had access to the images. 6. The treatment of personal data from images and sounds obtained through the use of cameras and video cameras by the Forces and Security Bodies and by the competent bodies for surveillance and control in prisons and for the control, regulation, surveillance and discipline of the traffic, will be governed by the transposition legislation of Directive (EU) 2016/680, when the treatment is for prevention, investigation, detection or prosecution of criminal offenses or execution of criminal sanctions, including protection and prevention against threats to public safety. Outside of these assumptions, said treatment will be governed by its specific legislation and supplementary by Regulation (EU) 2016/679 and this organic law. 7. What is regulated in this article is understood without prejudice to the provisions of Law 5/2014, of April 4, on Private Security and its development provisions. 8. The treatment by the employer of data obtained through cameras or video cameras is subject to the provisions of article 89 of this law organic. " V In order that the duty of information provided for in article 12 of the RGPD is complied with in a concise and understandable way for the affected party, the aforementioned Article 22 of the LOPDGDD provides for a "layered information" system. It is recommended that the first layer or modality inserted in the video surveillance area warning contains the most important information, details of the purpose of the treatment, the identity of the person in charge and a description of the rights of the interested party, legal basis of the treatment and identification of the person in charge of the treatment and form of contact. The importance of providing this information in advance arises, in particular, from recital 39 of the RGPD, not being necessary to specify the precise location of the surveillance equipment; but nevertheless, The surveillance context should be clear. Thus, in summary, on the poster or badge of the video-monitored area, you must inform about: -The existence of the treatment (video surveillance). -The identity of the person responsible for the treatment or the video surveillance system, and the address of the same. -The possibility of exercising the rights recognized in articles 15 to 22 of the RGPD. -Where to obtain more information about the processing of personal data. C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 10/15 The information in the second layer should be available in one place easily accessible to the interested party, be it an information sheet at a reception, cashier etc. or placed in a visible public space, or refer to a web address with the rest of the elements of article 13 of the RGPD. Article 13 of the RGPD establishes the information that must be provided when the personal data is obtained from the interested party, which is the following: "1. When personal data relating to him are obtained from an interested party, the responsible for the treatment, at the time these are obtained, will provide all the information indicated below: a) the identity and contact details of the person in charge and, where appropriate, their re- presenter; b) the contact details of the data protection officer, if applicable; c) the purposes of the treatment to which the personal data are destined and the legal basis ridic of the treatment; d) when the treatment is based on article 6, paragraph 1, letter f), the interests legitimate interests of the person in charge or a third party; e) the recipients or categories of recipients of the personal data, in their case; f) where appropriate, the intention of the person responsible to transfer personal data to a third country or international organization and the existence or absence of a decision of adequacy of the Commission, or, in the case of the transfers indicated in the articles 46 or 47 or article 49, paragraph 1, second paragraph, reference to guarantees appropriate or appropriate and the means to obtain a copy of these or the fact that that have been borrowed. 2. In addition to the information mentioned in section 1, the person responsible for the treatment will facilitate the interested party, at the time the personal data is obtained sonal, the following information necessary to guarantee data processing loyal and transparent: a) the period during which the personal data will be kept or, when not where possible, the criteria used to determine this deadline; b) the existence of the right to request the data controller for access to the personal data relating to the interested party, and its rectification or deletion, or the limitation- treatment, or to oppose treatment, as well as the right to portability data quality; c) when the treatment is based on article 6, paragraph 1, letter a), or the Article 9, paragraph 2, letter a), the existence of the right to withdraw consent in any time, without affecting the legality of the treatment based on the feeling prior to withdrawal; d) the right to file a claim with a supervisory authority; e) if the communication of personal data is a legal or contractual requirement, or a necessary requirement to sign a contract, and if the interested party is obliged do to provide personal data and is informed of the possible consequences cias that not provide such data; f) the existence of automated decisions, including profiling, to referred to in article 22, paragraphs 1 and 4, and, at least in such cases, information C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 11/15 significant on the applied logic, as well as the importance and consequences views of said treatment for the interested party. 3. When the person responsible for the treatment plans the subsequent treatment of data personal data for a purpose other than that for which it was collected will provide to the interested party, prior to said subsequent treatment, information about that other purpose and any additional pertinent information pursuant to section 2. 4. The provisions of paragraphs 1, 2 and 3 shall not apply when and in the extent to which the interested party already has the information. " The second part of the claim is specified in that the claimed entity It does not have a poster informing about the presence of the cameras. In accordance with the foregoing, this Agency considers that there are indications about the existence of video surveillance cameras installed in the claimed entity without the necessary informational badge. SAW The corrective powers available to the Spanish Protection Agency Data, as the control authority, are established in article 58.2 of the RGPD. Among them are the power to sanction with warning -article 58.2 b) -, the power to impose an administrative fine in accordance with article 83 of the RGPD -article 58.2 i) -, or the power to order the person in charge of the treatment that the treatment operations conform to the provisions of the GDPR, where applicable, in a certain way and within a period of time specified -article 58. 2 d) -. It has been proven that the facts presented do not comply with the provisions of Articles 6.1. and 13 RGPD, so they could involve the commission of paths offenses typified in article 83.5 of the RGPD, which provides the following: "Violations of the following provisions will be sanctioned, in accordance with with paragraph 2, with administrative fines of maximum EUR 20,000,000 or, in the case of a company, an amount equivalent to a maximum of 4% of the total annual global business volume of the previous financial year, opting for the highest amount: a) the basic principles for the treatment, including the conditions for the consent in accordance with articles 5, 6, 7 and 9; b) the rights of the interested parties in accordance with articles 12 to 22; […]. " For the purposes of the statute of limitations for infractions, the infraction indicated in The previous paragraph is considered very serious and prescribes after three years, according to the Article 72.1 of the LOPDGDD, which establishes that: "Based on what is established in article 83.5 of Regulation (EU) 2016/679 are considered very serious and will prescribe after three years the infractions that suppose a substantial violation of the articles mentioned therein and, in particular, the C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 12/15 following: b) The processing of personal data without the concurrence of any of the conditions of legality of the treatment established in article 6 of the Regulation (EU) 2016/679. (…) h) The omission of the duty to inform the affected party about the treatment of their personal data in accordance with the provisions of articles 13 and 14 of the Regulation (EU) 2016/679 and 12 of this Organic Law. " VII In order to determine the administrative fine to be imposed, the provisions of articles 83.1 and 83.2 of the RGPD, precepts that indicate: "Each supervisory authority will guarantee that the imposition of fines administrative under this article for the infractions of this Regulations indicated in paragraphs 4, 9 and 6 are in each individual case effective, proportionate and dissuasive. " "Administrative fines will be imposed, depending on the circumstances of each individual case, as an additional or substitute for the measures contemplated in the Article 58, paragraph 2, letters a) to h) and j). When deciding to impose a fine administrative and its amount in each individual case will be duly taken into account: a) the nature, severity and duration of the offense, taking into account the nature, scope or purpose of the processing operation in question as well as the number of affected stakeholders and the level of damage and damages they have suffered; b) intentionality or negligence in the infringement; c) any measure taken by the controller or processor to mitigate the damages suffered by the interested parties; d) the degree of responsibility of the person in charge of the treatment, taking into account the technical or organizational measures that have applied by virtue of articles 25 and 32; e) any previous infringement committed by the person in charge or the person in charge of the treatment; f) the degree of cooperation with the supervisory authority in order to remedy the violation and mitigate the possible adverse effects of the violation; g) the categories of personal data affected by the infringement; h) the way in which the supervisory authority learned of the infringement, in particular if the person in charge or the person in charge notified the infraction and, in such case, to what extent; i) when the measures indicated in Article 58 (2) have been previously ordered against the person in charge or the person in charge in relation to the same matter, compliance with said measures; j) adherence to codes of conduct under Article 40 or to mechanisms certification approved in accordance with Article 42, and k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits obtained or losses avoided, direct or indirectly, through the infringement. " C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 13/15 Regarding section k) of article 83.2 of the RGPD, the LOPDGDD, article 76, "Sanctions and corrective measures", provides: "2. In accordance with the provisions of article 83.2.k) of Regulation (EU) 2016/679 The following may also be taken into account: a) The continuing nature of the offense. b) The linking of the offender's activity with the performance of treatments of personal data. c) The benefits obtained as a result of the commission of the offense. d) The possibility that the affected person's conduct could have led to the commission of the offense. e) The existence of a process of merger by absorption subsequent to the commission of the infringement, which cannot be attributed to the absorbing entity. f) Affecting the rights of minors. g) Have, when not mandatory, a data protection officer. h) The submission by the person in charge or in charge, with character voluntary, to alternative dispute resolution mechanisms, in those assumptions in which there are controversies between those and any interested party. " In the present case, the following in particular have been taken into account elements: The nature and severity of the offense, taking into account the purpose of the treatment operation in question as well as the level of data damages and losses they have suffered; b) intentionality or negligence in the infringement; That it is a small company whose main activity is not related to cula with the processing of personal data. That no recidivism is appreciated, as the commission does not appear, within the term of one year for more than one offense of the same nature. VIII In accordance with the provisions of article 58.2 d) of the RGPD, according to which Each supervisory authority may 'order the controller or processor that the processing operations comply with the provisions of this Regulation- ment, where appropriate, in a certain way and within a specified timeframe. do […]. ”, you are required to adapt the data processing involved in video surveillance. the compliance of the veterinary center to the requirements established in the RGPD, and specifically, to the placement in a visible place of an information device. It is noted that not meeting the requirements of this body may be considered as an administrative offense in accordance with the provisions of the RGPD, classified as an offense in its articles 83.5 and 83.6, being able to motivate such conduct the opening of a subsequent administrative sanctioning procedure. C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 14/15 Therefore, in accordance with the applicable legislation and the criteria of graduation of sanctions whose existence has been proven, The Director of the Spanish Agency for Data Protection RESOLVES: FIRST: IMPOSE RECAMBIOS VILLALEGRE S.L., with NIF B74393992, for an infringement of Article 6 of the RGPD, typified in Article 83.5.a) of the RGPD, a fine of 10,000 euros (ten thousand euros). SECOND: IMPOSE RECAMBIOS VILLALEGRE S.L., with NIF B74393992, for an infringement of article 13 of the RGPD, typified in Article 83.5.b) of the RGPD, a a fine of 2,000 euros (two thousand euros). THIRD: REQUEST RECAMBIOS VILLALEGRE S.L., with NIF B74393992, to that according to art. 58.2 d) RGPD, and within a month from the notification tion of this resolution: -Remove the images uploaded to Facebook and the comments that identify the person whose data is subject to treatment. -Credit having proceeded to the placement of the information device in the video-monitored areas or to complete the information offered in it (you must identify, at least, the existence of a treatment, the identity of the person in charge and the possibility of exercising the rights provided for in said precepts), locating this device in a sufficiently visible place, both in open and closed spaces. -Credit that you keep available to those affected the information to which the aforementioned RGPD refers to. FOURTH: NOTIFY this resolution to RECAMBIOS VILLALEGRE S.L. FIFTH: Warn the sanctioned person that the sanction imposed a Once this resolution is enforceable, in accordance with the provisions of the art. 98.1.b) of Law 39/2015, of October 1, on Administrative Procedure Common of Public Administrations (hereinafter LPACAP), within the payment period voluntary established in art. 68 of the General Collection Regulations, approved by Royal Decree 939/2005, of July 29, in relation to art. 62 of Law 58/2003, of December 17, by means of their entry, indicating the NIF of the sanctioned person and the number of procedure that appears in the heading of this document, in the account restricted number ES00 0000 0000 0000 0000 0000, opened in the name of the Agency Spanish Data Protection in the bank CAIXABANK, S.A .. In case Otherwise, it will be collected in the executive period. Once the notification has been received and once it is executed, if the date of execution is finds between the 1st and 15th of each month, both inclusive, the deadline to carry out the voluntary payment will be until the 20th of the following or immediately subsequent business month, and if is between the 16th and last days of each month, both inclusive, the term of the Payment will be up to the 5th of the second following or immediate business month. C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 15/15 In accordance with the provisions of article 50 of the LOPDGDD, the This Resolution will be made public once it has been notified to the interested parties. Against this resolution, which ends the administrative procedure according to art. 48.6 of the LOPDGDD, and in accordance with the provisions of article 123 of the LPACAP, the interested parties may optionally file an appeal for reversal before the Director of the Spanish Agency for Data Protection within a period of month from the day after notification of this resolution or directly contentious-administrative appeal before the Contentious-Administrative Chamber of the National High Court, in accordance with the provisions of article 25 and section 5 of the fourth additional provision of Law 29/1998, of July 13, regulating the Contentious-administrative jurisdiction, within a period of two months from the day following notification of this act, as provided in article 46.1 of the referred Law. Finally, it is pointed out that in accordance with the provisions of art. 90.3 a) of the LPACAP, the final resolution may be suspended in an administrative way If the interested party expresses his intention to file a contentious appeal- administrative. If this is the case, the interested party must formally communicate this made by writing to the Spanish Agency for Data Protection, Presenting it through the Electronic Registry of the Agency [https://sedeagpd.gob.es/sede-electronica-web/], or through any of the rest records provided for in art. 16.4 of the aforementioned Law 39/2015, of October 1. Too must forward to the Agency the documentation that proves the effective filing of the contentious-administrative appeal. If the Agency is not aware of the filing of the contentious-administrative appeal within a period of two months from the day after the notification of this resolution, would terminate the precautionary suspension. 938-300320 Mar Spain Martí Director of the Spanish Agency for Data Protection C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es