ANSPDCP (Romania) - Fine against IAMSAT Muntenia SA
|ANSPDCP (Romania) - Fine against IAMSAT Muntenia SA|
|Relevant Law:||Article 12 GDPR|
Article 12(3) GDPR
Article 13 GDPR
Article 21 GDPR
|Parties:||IAMSAT Muntenia SA|
|National Case Number/Name:||Fine against IAMSAT Muntenia SA|
|European Case Law Identifier:||n/a|
|Original Source:||ANSPDCP (in RO)|
|Initial Contributor:||Diana Rosu|
The Romanian DPA issued a fine of approximately €3000 on a company for not granting a former employee's right to object, and for not informing its employees about the video surveillance systems installed in its workplace.
English Summary[edit | edit source]
Facts[edit | edit source]
A former employee of IAMSAT Muntenia SA exercised their right to object under Article 12 GDPR by requesting the company to stop processing their personal data, since their contractual relationship had ended. The company, however, did not answer or grant this request, prompting the data subject file to file a complaint with the Romanian DPA.
During the investigation, besides the facts concerning the data subject's right to object, the authority also found out that the company was conducting video surveillance at its workplace.
Holding[edit | edit source]
The Romanian DPA held that the company had violated Articles 12(3) and 21 GDPR by not handling the data subject's request to exercise their right to object. It also held that the company had not adequately informed its employees on the processing of their personal data through video surveillance at the workplace, in breach of Articles 12 and 13 GDPR.
For the former violations, the DPA issued a fine of approximately €1000 (RON 4.946,2) on the company, and for the latter, a fine of approximately €2000 (RON 9.892,4). Additionally, as corrective measures, the DPA ordered the company to inform its employees about its data processing activities conducted through video surveillance in its workplace, as well as to reply and resolve the data subject's objection request accordingly.
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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.
22.02.2022 Sanction for violating the RGPD In February 2022, the National Supervisory Authority completed an investigation at the IAMSAT Muntenia SA operator and found a violation of the provisions of art. 12, art. 13 and art. 21 of the General Data Protection Regulation. The operator was sanctioned for minor offenses, as follows: fine in the amount of 9,892.4 lei, the equivalent of 2,000 euros for violating the provisions of art. 12-13 of the General Regulation on Data Protection; fine in the amount of 4,946.2 lei, the equivalent of 1,000 euros for violating the provisions of 12 para. (3) and art. 21 of the General Data Protection Regulation. The investigation was initiated following a complaint lodged by a data subject who complained that IAMSAT Muntenia SA continued to process his personal data after the termination of his employment contract in 2020. By a request, this person informed the operator that he / she does not consent to the use of his / her e-mail address and that he / she opposes the processing of his / her personal data by IAMSAT Muntenia SA and / or third parties, natural or legal, after the termination of the employment contract. During the investigation, it was noted that IAMSAT Muntenia SA did not present evidence regarding the prior and complete information of its employees, including the data subject, before starting the processing of personal data of these persons by means of video surveillance installed in their place. of work, put into operation from the middle of 2020, although the operator had the obligation to inform the employees according to art. 12-13 of the General Regulation on Data Protection. At the same time, it was noted that IAMSAT Muntenia SA did not resolve the request of the data subject and did not communicate a response regarding the measures adopted following the exercise of the right of opposition within the legal deadlines, in accordance with the provisions of art. 12 para. (3), reported to art. 21 of the General Data Protection Regulation. At the same time, two corrective measures were applied to the operator's investigation, as follows: corrective action to ensure compliance with the General Data Protection Regulation of personal data processing operations, by providing full information to data subjects, in particular employees of the controller, on the use of the video surveillance system, in relation to the obligations of art. 12-13 of the General Regulation on Data Protection; the corrective measure to send a response to the person concerned to his request, including the measures adopted following the exercise of the right of opposition, by reference to the provisions of art. 12 and 21 of the General Data Protection Regulation. Legal and Communication Department A.N.S.P.D.C.P.