AEPD - PS/00491/2020
|AEPD - PS/00491/2020|
|Relevant Law:||Article 6(1) GDPR|
Article 13 GDPR
|Parties:||HIGHCLIFFE ESTATES MARBELLA, S.L.|
BUSINESS & LAW PARTNERS
|National Case Number/Name:||PS/00491/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
|Initial Contributor:||Francesc Julve Falcó|
English Summary[edit | edit source]
Facts[edit | edit source]
A law firm filed a complaint before the AEPD on 29 July 2020 against a real estate company for failing to comply with the GDPR on its corporate website (www.higclffeestates.com).
The complaint was based:
- Firstly, on the lack of information regarding the processing of data collected by the form of the website.
- Secondly, on the fact that the image and personal data of one of the partners of the complainant's law firm was displayed without their consent.
Dispute[edit | edit source]
- Is the publication of a photograph and personal data without the data subject's express consent a violation of Article 6 (1) GDPR?
Holding[edit | edit source]
The AEPD found that publishing the image of the data subject without his consent was a violation of Article 6 (1) GDPR, and decided to fine the controller €8000.
Secondly, the AEPD decided that the lack of the necessary information and making reference to the derogated Data Protection Act was a violation of Article 13 GDPR and issued a warning to the controller.
The AEPD took into account the following aggravating factors (Article 83 (2) GDPR) to determine the level of the sanction:
- It is an intentional negligent action (art. 83 (2) (b) GDPR).
- The AEPD became aware of the infringement through the complainant's filing of a complaint (Art. 83 (2) (h) 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.