AEPD - PS/00367/2019

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AEPD - PS/00367/2019
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Authority: AEPD (Spain)
Jurisdiction: Spain
Relevant Law: Article 5(1)(f) GDPR
Article 83(5)(a) GDPR
Article 58(2) GDPR
Type: Complaint
Outcome: Upheld
Decided: n/a
Published: 21. 2.2020
Fine: 2.500 €
Parties: Anoymous Vs. ESPAÑA(Spanish far-right political party.
National Case Number/Name: PS/00367/2019
European Case Law Identifier: n/a
Appeal: {{{Appeal_To_Status}}}
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Original Language(s): Spanish
Original Source: AEPD (in es)
Initial Contributor: {{{Initial_Contributor}}}

The AEPD issued a reprimand to the Spanish far-right political party VOX. The data controller had sent an email without blind copying, to the members of that political party, infringing Article 5(1)(f) GDPR (integrity and confidentiality principle).

English Summary[edit | edit source]

Facts[edit | edit source]

The AEPD examined a complaint submitted against the political party VOX. The data controller had sent an email without blind copying, to the affiliates of the said political party. Following the filing of the complaint, the data controller acknowledged the facts and implemented the necessary security measures.

Dispute[edit | edit source]

Is the unintentionality and the adoption of measures to remedy the infringing conduct relevant for the fine reduction?

Holding[edit | edit source]

The AEPD ruled that the sending of email without Bcc: the email recipients constituted a violation of the principle of integrity and confidentiality (Article 5(1)(f) GDPR). Regarding the fining, the authority decided to issue a warning sanction instead of a fine, although the sanction is still mentionning that the infringement at stake is subject to a fine according to Article 83.5 GDPR, in the lights of Recital (148) GDPR.

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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.

to be completed