AEPD - PS/00406/2019

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AEPD - PS/00406/2019
Authority: AEPD (Spain)
Jurisdiction: Spain
Relevant Law: Article 5(1)(f) GDPR
Article 83(5)(a) GDPR
Type: Complaint
Outcome: Upheld
Decided: n/a
Published: 21. 2.2020
Fine: 2.500 €
Parties: Anoymous Vs. Electric Renting Groups, S.L
National Case Number/Name: PS/00406/2019
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Spanish
Original Source: AEPD (in es)
Initial Contributor: n/a

The APED fined 2.500 € a data controller for sending advertisement email without blind carbon copy (Bcc) the email recipients. By disclosing the email addresses of the recipient, the company violated the principle of integrity and confidentiality – Article 5(1)(f) GDPR-.

English Summary[edit | edit source]

Facts[edit | edit source]

A citizen filed a complaint with the AEPD against Electric Renting Groups, S.L for sending an advertisement email and disclosing the recipients of this email. Indeed, the company, which acted as a data controller, sent the email without confining the dozens of email recipients in blind carbon copy (Bcc:).

The AEPD informed the controller about the complaint and give them 1 month to reply.

After not obtaining any reply from the controller, the AEPD agreed to initiate investigations against the data controller for the alleged infringement of Article 5(1)(f) GDPR, the principle of integrity and confidentiality. The AEPD gave the controller another 10 days to reply to the allegations.

The controller failed to reply to the AEPD.

Dispute[edit | edit source]

Does the disclosure of dozens email addresses constitute a GDPR violation?

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), as well as the principle of proactive responsibility of the data controller.

Consequently, the APED decided to issue a fine of 2.500 € for the violation of the principle of integrity and confidentiality, pursuant to Article 83(5)(a) 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