ANSPDCP (Romania) - Fine against Kaufland Romania SCS
|ANSPDCP (Romania) - Fine against Kaufland Romania SCS|
|Relevant Law:||Article 15(3) GDPR|
|Parties:||Kaufland Romania SCS|
|National Case Number/Name:||Fine against Kaufland Romania SCS|
|European Case Law Identifier:||n/a|
|Original Source:||ANSPDCP (in RO)|
|Initial Contributor:||Diana Rosu|
The Romanian DPA issued a fine of approximately €3,000 to a supermarket for violating a data subject's right of access under Article 15(3) GDPR by failing to provide video footage in which they appeared.
English Summary[edit | edit source]
Facts[edit | edit source]
A data subject made an access request asking to receive a copy of the video recordings from when they visited a Kaufland supermarket.
Kaufland refused to offer all the existent footage that included the data subject, arguing that disclosing such material would affect the rights and freedoms of the other individuals who were also captured in that video footage.
Holding[edit | edit source]
The Romanian DPA decided that a controller should take all the necessary technical and organisational measures when answering an access request to make sure the personal data and rights of others are not affected. The DPA suggested that, in cases like these, in order to provide the claimant with the personal data in their access request, this could be solved by blurring the image of other individuals appearing in the footage.
Therefore, the Romanian DPA held that Kaufland did not fulfill their obligation to grant the data in the claimant's access request in breach of Article 15(3) GDPR, and imposed a fine of approximately €3000 in local currency on the supermarket chain.
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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.
20.01.2022 & # 13; Sanction for RGPD & # 13; & # 13; The National Supervisory Authority completed in December 2021 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, regarding the right of access. & # 13; As such, the operator was sanctioned with a fine of 14846.4 lei (equivalent to 3000 EURO). & # 13; The investigation was initiated following a complaint from a data subject that the operator did not provide a full copy of the video recordings for a certain time during which it was in the commercial premises. & # 13; In the investigation, it was considered that it is the obligation of the operator to communicate a video containing images concerning the data subject, as a result of the exercise of the right of access by him, and the communication of images can be done by the operator by taking shutter action ( "Blurring") of those images that could infringe the rights and freedoms of other individuals, if any. Therefore, the operator is obliged to adopt a series of technical and organizational measures, in order to allow the full exercise of the access right of the data subject, while respecting the rights of other individuals. & # 13; As such, the National Supervisory Authority found that the operator did not fully communicate the respective video recordings requested, which constitutes a violation of art. 15 para. (3) of the General Data Protection Regulation. & # 13; & # 13; Legal and Communication Department & # 13; A.N.S.P.D.C.P.