HDPA (Greece) - 28/2022

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HDPA - 28/2022
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 12(3) GDPR
Article 15 GDPR
Article 31 GDPR
National Law 4624/2019 article 66
Type: Complaint
Outcome: Upheld
Started:
Decided: 29.06.2022
Published: 29.06.2022
Fine: 3.000 EUR
Parties: n/a
National Case Number/Name: 28/2022
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Greek
Original Source: Greek DPA (in EL)
Initial Contributor: Anastasia Tsermenidou

The DPA examined found that the complainant child psychologist satisfied the complainant's right of access in a late and incomplete manner in violation of the provisions of Articles 12 par. 3 and 15 of the GDPR, and imposed a fine of 3.000 €.

English Summary

Facts

The DPA examined the complaint and found that the complainant child psychologist satisfied the complainant's right of access in a late and incomplete manner in violation of the provisions of Articles 12 par. 3 and 15 of the GDPR. In particular the complainant requesting confirmation whether personal data relating to his minor child are being processed and, subsequently, to obtain the the information requested in that request namely: (a) the exact number of sessions (the number of sessions he has carried out with the minor child), (b) the type of, (c) their content, (d) the scientific conclusions of the sessions, (e) copies of the tax documents. The DPA issued a reprimand to the complainant for breach of those provisions and instructed the complainant to satisfy the complainant's right of access to the extent that it had been exercised and had not yet been satisfied. In addition, the DPA found that the complainant child psychologist had breached the independent duty of cooperation with the Authority under Article 31 GDPR and imposed an administrative fine on her.

Holding

The DPA issued a reprimand (Article 58(2)(b) of the GDPR) to the complainant for breach of those provisions and instructed the complainant (Article 58(2)(c) of the GDPR) to satisfy the complainant's right of access to the extent that it had been exercised and had not yet been satisfied. In addition, the DPA found that the complainant child psychologist had breached the independent duty of cooperation with the Authority under Article 31 GDPR and imposed an administrative fine on her.

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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.

Summary
The Authority examined a complaint and found that the complained child psychologist fulfilled the complainant's right of access late and incompletely in violation of the provisions of articles 12 par. 3 and 15 GDPR, addressed a reprimand (article 58 par. 2 letter b GDPR) to complainant for the violation of these provisions and instructed the complainant (article 58 par. 2 letter c GDPR) to satisfy the complainant's right of access to the party that has been exercised and has not yet been satisfied. In addition, the Authority found that the complained child psychologist violated the independent obligation to cooperate with the Authority according to Article 31 GDPR and imposed an administrative fine on her.