Commissioner (Cyprus) - 11.17.001.010.199

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Commissioner - 11.17.001.010.199
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Authority: Commissioner (Cyprus)
Jurisdiction: Cyprus
Relevant Law: Article 2(2)(c) GDPR
Article 4(1) GDPR
Article 4(2) GDPR
Article 4(7) GDPR
Article 4(11) GDPR
Article 6 GDPR
Article 9 GDPR
Article 31 GDPR
Article 58 GDPR
Type: Complaint
Outcome: Upheld
Started: 09.10.2022
Decided: 04.05.2023
Published: 04.05.2023
Fine: n/a
Parties: n/a
National Case Number/Name: 11.17.001.010.199
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Greek
Original Source: DPA Cyprus (in EL)
Initial Contributor: ANASTASIA TSERMENIDOU

The DPA of Cyprus examined the case of public online disclosure of sensitive personal data of the complainant.

English Summary

Facts

An individual posted on Facebook sensitive personal data of another individual, without owning any legal basis to do so. The reference to sensitive personal data of the complainant was a subject matter health. The complainant was identifiable and the post was public. The DPA considered other factors before coming to a conclusion, such as the removal/deletion of the post containing the health issue of the of the complainant, the fact that the surname of the complainant was not disclosed, which makes the fact that the complainant's name has not been revealed makes it more difficult for the general public to identify the complainant, and the absence of any previous violations.

Holding

By assessing the above factors that existed in relation to the incident and in light of the powers granted to me by section 58(2)(a) of the Regulation (EU) 2016/679, the DPA decided to issue a warning to refrain in future from any action contrary to the provisions of Regulation (EU) 2016/679 and that to exercise due diligence in relation to the provisions of Regulation (EU) 2016/679 with regard to the information a person uploads and/or posts on the Facebook platform and which constitute personal data of others and in particular with regard to special categories of data (data health).

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English Machine Translation of the Decision

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.