HDPA (Greece) - 34/2023: Difference between revisions
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The Hellenic DPA imposed an administrative fine | The Hellenic DPA imposed an administrative fine of €20,000 on a leasing company. They fined them €10,000 for violating [[Article 5 GDPR|Article 5(1)(c) GDPR]], and an additional €10,000 for violating [[Article 15 GDPR|Article 15(1) GDPR]]. | ||
== English Summary == | == English Summary == | ||
=== Facts === | === Facts === | ||
The company [https://publicity.businessportal.gr/company/7480501000 PEIRAIOS LEASING] | The company [https://publicity.businessportal.gr/company/7480501000 PEIRAIOS LEASING] (the controller) posted an advertisement for the sale of property. In that advertisement there was a photo of the data subject's car. The property was previously owned by the data subject's father before it was seized. The data subject claimed that the license plate of his car was visible in the photograph, which allowed his social circle to become aware of the loss of his family property. | ||
The | The data subject submitted a request for erasure of the personal data concerning him and an objection to processing to the controller's data protection officer ('DPO'), asking for his license plate to be removed from the advertisement. The DPO responded, stating the car's registration number was not visible, but in order to avoid any concern the photograph has already been removed from their website but it will remain in the company's archives as proof of the fact that the registration number of the car is not visible. | ||
Later an acquaintance of the | Later an acquaintance of the data subject who was a potential buyer of the property, shared emails with him revealing that the controller had shared images of the property with them, including the photo used in the advertisement, which clearly contained the data subject's car and his license plate. | ||
=== Holding === | === Holding === | ||
Revision as of 11:32, 11 December 2023
| HDPA - 34/2023 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 5(1)(c) GDPR Article 15(1) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 09.11.2020 |
| Decided: | 10.11.2023 |
| Published: | 29.11.2023 |
| Fine: | 20000 EUR |
| Parties: | ΠΕΙΡΑΙΩΣ ΧΡΗΜΑΤΟΔΟΤΙΚΕΣ ΜΙΣΘΩΣΕΙΣ ΜΟΝΟΠΡΟΣΩΠΗ ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ (PEIRAIOS LEASING M.A.E) |
| National Case Number/Name: | 34/2023 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Greek |
| Original Source: | HDPA (in EL) |
| Initial Contributor: | Inder-kahlon |
The Hellenic DPA imposed an administrative fine of €20,000 on a leasing company. They fined them €10,000 for violating Article 5(1)(c) GDPR, and an additional €10,000 for violating Article 15(1) GDPR.
English Summary
Facts
The company PEIRAIOS LEASING (the controller) posted an advertisement for the sale of property. In that advertisement there was a photo of the data subject's car. The property was previously owned by the data subject's father before it was seized. The data subject claimed that the license plate of his car was visible in the photograph, which allowed his social circle to become aware of the loss of his family property.
The data subject submitted a request for erasure of the personal data concerning him and an objection to processing to the controller's data protection officer ('DPO'), asking for his license plate to be removed from the advertisement. The DPO responded, stating the car's registration number was not visible, but in order to avoid any concern the photograph has already been removed from their website but it will remain in the company's archives as proof of the fact that the registration number of the car is not visible.
Later an acquaintance of the data subject who was a potential buyer of the property, shared emails with him revealing that the controller had shared images of the property with them, including the photo used in the advertisement, which clearly contained the data subject's car and his license plate.
Holding
After reviewing the case, the Authority first concludes that since the complainant had originally submitted a complaint against Piraeus Leasing and another similar complaint against CBP Leasing (which was renamed to PIRAEUS FINANCIAL LEASING SINGLE MEMBER S.A.). However since both of these companies ceased to exist, the beneficiary by Formation for both companies for any pending lawsuits is now the PEIRAIOS LEASING M.A.E. Therefore, the defendant party in this case becomes the PEIRAIOS LEASING M.A.E. and the two complaints are considered together because of their relevance and because they have been filed by the same complainant against the same now defendant company.
Then the Hellenic Data Protection Authority found that the data controller PEIRAIOS LEASING M.A.E. has processed personal data of the complainant in violation of the GDPR. As such, the DPA issued a fine of:
a) €10,000 for the breach of the data minimisation principle outlined in Article 5(1)(c) of the GDPR.
b) €10,000 for the violation of Articles 15(1) Right of access by the data subject.
Comment
The unauthorised disclosure of personal data, even as basic as a car license plate, can have profound consequences, causing embarrassment, and disrupting one's peace of mind. This incident underscore the importance of safeguarding individual's privacy and the potential far-reaching impact of seemingly innocuous information.
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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 investigated a complaint by a natural person against a company related to the processing of a photo in which the license plate number of the complainant's car was visible and imposed a fine of €10,000 for a breach of Article 5 of the GDPR and a fine of €10,000 for a breach of Article 15 of the GDPR.
