DVI (Latvia) - Cēsu novada Pašvaldības policijai

DVI - Cēsu novada Pašvaldības policijai
Authority:	DVI (Latvia)
Jurisdiction:	Latvia
Relevant Law:	Article 5 GDPR Article 6 GDPR Article 24(1) GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:	18.08.2022
Published:
Fine:	n/a
Parties:	n/a
National Case Number/Name:	Cēsu novada Pašvaldības policijai
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Latvian
Original Source:	DVI (Latvia) (in LV)
Initial Contributor:	mg

The Latvian DPA issued a reprimand against a police office for not having established appropriate data processing procedures to deal with a domestic violence case.

English Summary

Facts

The data subject’s former spouse wished to ask for temporary protection against domestic violence. The spouse informed a police officer that the data subject had been subject to administrative sanctions and restrictive measures imposed by a court.

The police officer used a police database to confirm these allegations. In addition, the police officer used the data subject´s identification number to check their criminal record. Finally, the police officer submitted to a court an application for temporary protection against domestic violence on behalf of the data subject´s spouse attaching the criminal record and evidence that the data subject held invalid identity documents. The police officer claimed to have processed personal data with the aim of preventing violence.

According to the police, a legal basis for this kind of processing was in principle Article 6(1)(e) GDPR, namely performance of a task carried out in the public interest. However, the police also acknowledged that the police officer exceeded the limits of their functions.

Holding

In the Latvian DPA’s opinion, the controller was the police as such. The Latvian law establishes in details the content of an application for temporary protection against violence. Even if personal data as the ones at issue may be processed for such a purpose, in this specific case information was obtained, submitted to the court and transferred to all parties involved in the proceeding on the police officer’s own initiative and without previous authorisation by the police. The processing was therefore unlawful and violated Articles 5 and 6 GDPR. The police also violated Article 24(1) GDPR, as it did not establish a procedure for police officers to deal with similar cases.

However, as the police officer acted in good faith to protect a natural person´s physical integrity, the DPA issued only a reprimand pursuant to Article 58(2)(b) GDPR.

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English Machine Translation of the Decision

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

Municipality of Gulbene region

Expressed rebuke;
Obligation imposed

22.12.2022

Take effect

IK "Riga Communal Service"

Fine
EUR 500.00

02.12.2022
Appealed
SIA "W&G"

Fine
EUR 500.00

30.11.2022
Take effect
SIA "Deprus"

Fine
EUR 500.00

29.09.2022.
Take effect
SIA "TET"

Fine
EUR 1,200,000.00

09.09.2022.
Appealed
Individual

Fine
EUR 200.00

02.09.2022.
Take effect
Municipal police of Cēsis region

Expressed rebuke;
Obligation imposed

18.08.2022.
Take effect
Individual

Fine
EUR 200.00

16.08.2022.
Take effect
SIA "DEPO DIY"

Fine
EUR 17,495.00
Obligation imposed

07.07.2022.
Take effect
SIA "Vidzeme Hospital".
Expressed rebuke

11.01.2022.
Take effect
Agency for International Youth Programs

Expressed rebuke;
Call for appropriate data processing

LIMITED AVAILABILITY
25.01.2022
Take effect
SIA "Solvers"
Expressed rebuke

27.01.2022
Take effect
SIA "Computer security technologies"
Expressed rebuke

27.01.2022
Take effect
SIA "SOAAR"

Fine
EUR 600.00

01.03.2022
Take effect
SIA "Tērbatas ezītis miglā"

Fine
EUR 500.00

02.03.2022.
Take effect
Riga municipality SIA "Rīgas Satiksme"

Expressed rebuke;
Call for appropriate data processing

11.03.2022.
Take effect
SIA "8 LOUNGE"

Fine
EUR 500.00

29.03.2022
Take effect
SIA "Your Move"

Fine
EUR 1464.13

21.04.2022.
Take effect
SIA "GelvoraSergel"
Expressed rebuke

09.05.2022.
Take effect