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ANSPDCP (Romania) - Fine against a Property Owners Association

From GDPRhub
ANSPDCP (Romania) - Fine against a Property Owners Association
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Authority: ANSPDCP (Romania)
Jurisdiction: Romania
Relevant Law: Article 58(1)(a) GDPR
Article 58(1)(e) GDPR
Article 83(5)(e) GDPR
Article 8 of O.G. no 2/2001
Type: Investigation
Outcome: Violation Found
Decided: 06.05.2021
Published: 19.05.2021
Fine: 500 EUR
Parties: n/a
National Case Number/Name: Fine against a Property Owners Association
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Romanian
Original Source: ANSPDCP (in RO)
Initial Contributor: Diana Rosu

The Romanian DPA fined a controller €500 (RON 2,463.30) for violating its obligation to cooperate with the DPA during an investigation by failing to provide the information requested.

English Summary[edit | edit source]

Facts[edit | edit source]

A data subject filed a complaint against a property owners association from the Municipality of Iasi after it disclosed their personal data. While the DPA conducted the investigation, the association did not cooperate in providing the requested information.

Holding[edit | edit source]

The DPA fined the Property Owners Association for failing to provide the requested information, in violation of Articles 83(5)(e) and 58(1)(a) and (e), and asked for the relevant information to be sent within five working days following the communication of the decision.

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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.

The National Supervisory Authority completed on 06.05.2021 an investigation at an Owners Association in Iasi to which it imposed a fine, due to the fact that the controller did not provide the information requested by our institution, thus violating the provisions of art. 83 para. (5) lit. e) correlated with the provisions of art. 58 para. (1) lit. (a) and (e) of the General Data Protection Regulation.

As such, the Owners Association was sanctioned with a fine in the amount of 2463.3 lei, the equivalent of the amount of 500 EURO, pursuant to art. 58 para. (2) lit. i) of the General Regulation on Data Protection, corroborated with art. 8 of O.G. no. 2/2001.

The investigation was carried out as a result of a complaint alleging that the controller displayed the payment lists detailing the name and surname of each member of the Owners Association. The petitioner also complained about the posting of a defamatory document in which his personal data (name and surname) were mentioned.

As the operator did not respond to the requests of our institution, although it confirmed their receipt, it was fined.

Also, the Owners Association was ordered to transmit to the supervisory authority all the requested information, within 5 working days from the communication of the minutes.