ANSPDCP (Romania) - Fine against Kaufland România

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ANSPDCP (Romania) - Fine against Kaufland România
LogoRO.jpg
Authority: ANSPDCP (Romania)
Jurisdiction: Romania
Relevant Law: Article 15(3) GDPR
Type: Investigation
Outcome: Violation Found
Started:
Decided:
Published: 25.03.2022
Fine: 2000 EUR
Parties: Kaufland România
National Case Number/Name: Fine against Kaufland România
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Romanian
Original Source: ANSPDCP (in RO)
Initial Contributor: Diana Rosu

The Romanian DPA issued a fine of approximately €2000 against Kaufland for a violation of Article 15(3) GDPR by failing to grant a data subject's access right to all the video surveillance recordings which included their personal data.

English Summary[edit | edit source]

Facts[edit | edit source]

A data subject submitted an access request regarding their personal data appearing in video recordings captured through the surveillance systems in Kaufland, one of the biggest retail shops in Romania. In reply to the request, the Kaufland failed to send the full copies with all the available recordings which captured the data subject's personal data. As a result, the data subject filed a complaint with the Romanian DPA (ANSPDCP), which initiated an investigation against the controller.

Holding[edit | edit source]

The ANSPDCP's investigation found that Kaufland indeed did not fully answer the data subject access request, since it did not provide a full copy of the records concerning the data subject, although they were available at the time requested. Therefore the ANSPDCP held that the controller had violated Article 15(3) GDPR, and consequently issued a fine approximately €2000 (RON 98889,4).

Additionally, as a corrective measure, the ANSPDCP ordered Kaufland to comply with the data subject's access request by providing the copies of all the available recordings that included their personal data, blurring the personal data belonging to other individuals within these recordings.

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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.

25.03.2022

Sanction for violating the RGPD



The National Supervisory Authority completed in February 2022 an investigation at the operator Kaufland Romania SCS and found a violation of the provisions of art. 15 para. (3) of the General Data Protection Regulation on access rights.

As such, the operator was sanctioned with a fine of 98889.4 lei (equivalent to 2000 EURO).

The investigation was initiated following a complaint, and during the investigation, it was found that the operator Kaufland did not provide the petitioner with a copy of all the recordings in the video surveillance system, which is a violation of art. 15 para. (3) of the General Data Protection Regulation

Thus, it was found that the operator did not send, at the request of the data subject, a full copy of the records concerning him from the store, although they were available at the time requested by him.

At the same time, the corrective measure was applied to the operator to communicate to the person concerned all the images requested by him, insofar as they are available, with the blurring of the images that lead to the identification of other persons, according to art. 15 of the General Data Protection Regulation.



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