ANSPDCP (Romania) - 06.06.2023

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ANSPDCP - 06.06.2023
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Authority: ANSPDCP (Romania)
Jurisdiction: Romania
Relevant Law: Article 83(5)(e) GDPR
Type: Investigation
Outcome: Violation Found
Started:
Decided:
Published: 06.06.2023
Fine: 3000 EUR
Parties: SC Apollo Salon SRL
National Case Number/Name: 06.06.2023
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Romanian
Original Source: Romanian DPA (in RO)
Initial Contributor: Marta.Tudor

The Romanian DPA fined the data controller for not responding to the Romanian DPA's request of information, during an investigation.

English Summary[edit | edit source]

Facts[edit | edit source]

A data subject submitted a complaint to the Romanian DPA claiming that the data controller sends her unsolicited SMS messages, although she has repeatedly exercised her right to deletion, according to the GDPR. Following such, the Romanian DPA started and investigation. During such, the Romanian DPA sent a request of information to the data controller. The data controller did not respond to the authority's request.

Holding[edit | edit source]

The Romanian DPA found that the data controller has violated the provisions of Article 83 (5)(e), by not responding to the Romanian DPA's request of information, during such investigation.

As such, the data controller was fined 14,776.3 RON (the equivalent of €3,000).

Comment[edit | edit source]

Unfortunately, the Romanian DPA does not publish its full decisions. This summary is based on a press release.

Further Resources[edit | edit source]

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Romanian original. Please refer to the Romanian original for more details.

06.06.2023

Penalty for GDPR violation



The National Supervisory Authority completed, in May 2023, an investigation at the operator S.C. Apollo Salon S.R.L. and found a violation of the provisions of art. 83 para. (5) lit. e) from Regulation (EU) 2016/679.

As such, the operator was penalized with a fine of 14,766.3 lei (equivalent to 3,000 EURO).

The investigation was started as a result of a notification sent by a concerned person who complained that the operator S.C. Apollo Salon S.R.L. sends her unsolicited messages via SMS, on the phone, although she has repeatedly exercised her right to deletion, according to Regulation (EU) 2016/679.

During the investigation, it was found that the operator did not communicate the requested information to the National Supervisory Authority, which represents a violation of the provisions of art. 83 para. (5) lit. e) from Regulation (EU) 2016/679.



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