CNPD (Portugal) - Deliberação 2019/495
| CNPD - Deliberação 2019/495 | |
|---|---|
 | |
| Authority: | CNPD (Portugal) |
| Jurisdiction: | Portugal |
| Relevant Law: | Article 83(7) GDPR Law 58/2029 |
| Type: | Advisory Opinion |
| Outcome: | n/a |
| Started: | |
| Decided: | 03.09.2019 |
| Published: | 03.09.2019 |
| Fine: | n/a |
| Parties: | n/a |
| National Case Number/Name: | Deliberação 2019/495 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Portuguese |
| Original Source: | CNPD (in PT) |
| Initial Contributor: | D. Oliveira |
The DPA interpreted Article 44(2) of Law 58/2019 as conferring a discretionary power to assess, in cases where a GDPR violation is established, whether it is justified to depart from the legal rule of imposing a financial penalty on a given public body. The CNPD took the view that the waiver provided for in Article 44 can only be requested by public bodies and decided upon after notification of the accusation of an administrative offence, in the context of a specific administrative offence procedure.
English Summary
Facts
Several Portuguese public entities requested the DPA to waive the imposition of fines for a period of three years, citing Article 44(2) and Article 59 Law 58/2019, despite no administrative offense proceedings being initiated against them. The DPA determined that such a waiver can only be requested after an administrative offense accusation, in the context of a specific administrative offence procedure.
Holding
This is because only once an unlawful act has been verified and its severity assessed can there be a balanced consideration of the data subjects' rights and the public interests protected by the violated rules, alongside the specific circumstances of the offender and the public interest affected by the penalty. In this regard, the DPA determined that all requests for waiving penalties submitted outside of an ongoing administrative offense proceeding would not be considered.
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English Machine Translation of the Decision
The decision below is a machine translation of the Portuguese original. Please refer to the Portuguese original for more details.
