HDPA (Greece) - 36/2021: Difference between revisions

Revision as of 10:14, 22 September 2021

HDPA (Greece) - 1947/26-08-2021

Authority:	HDPA (Greece)
Jurisdiction:	Greece
Relevant Law:	Article 5(2) GDPR Article 12(2) GDPR Article 15 GDPR Article 83 GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:	26.08.2021
Published:
Fine:	40.000 EUR
Parties:	KOTSOVOLOS S.A National Bank of Greece S.A.
National Case Number/Name:	1947/26-08-2021
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Greek
Original Source:	Hellenic Data Protection Authority (in EL)
Initial Contributor:	Stergios

The HDPA investigated a complaint against two data controllers for failure to comply with a consumer's access request in the context of the sale of a product which had been returned. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to comply with the the right of access.

English Summary

Facts

The complainant had bought a product from a seller (Controller A). It was agreed that the price of the product would not been paid in full at the time of the sale, but rather via several installments. Shortly thereafter, the Complainant decided to return the product. Despite this return, the Complainant realized that he was still being charged every month on his credit card. he therefore contacted Controller A in writing (via the Facebook Messenger App) and asked the latter to notify the bank (Controller B) of the need to cancel his credit card installments. Controller A however did not notify Controller B. The Complainant therefore attempted to directly contact Controller B with the same request. Controller B never answered him.

The Complainant then requested Controller A to provide him with a copy of the correspondence it had with Controller B with respect to the installments. Controller A however refused to grant him access to this information on the basis of that the communication that had taken place with the bank constituted an internal communication with "no possibility of disclosure".

In this context, the Complainant decided to file a complaint with the Greek DPA (the HDPA)

Holding

The HDPA held that Controller A and B should have responded positively to the request of the Complainant in accordance with Article 12(2) GDPR and Article 15 GDPR. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to comply with the the right of access.

Comment

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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.

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-The HDPA has investigated a complaint against two data controllers for failure to comply with the consumer's right of access to correspondence between them. The complainant, after returning a product, asked the store via Facebook messenger to notify him of the request to cancel his credit card installments, which had been sent electronically to the bank. The Controller refused to comply and the complainant then exercised the same right to the bank, which gave him no reply. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to satisfy the right of access.
+The HDPA investigated a complaint against two data controllers for failure to comply with a consumer's access request in the context of the sale of a product which had been returned. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to comply with the the right of access.
 == English Summary ==
 === Facts ===
-The complainant bought a product from the Controller #1, which he returned. Then he contacted the Controller #1 via Facebook messenger in order complain that he was still being charged every month regardless of the return. He requested Access to the communication between him and the Controller #2 (Bank) regarding the release of the installments of his credit card.
+The complainant had bought a product from a seller (Controller A). It was agreed that the price of the product would not been paid in full at the time of the sale, but rather via several installments. Shortly thereafter, the Complainant decided to return the product. Despite this return, the Complainant realized that he was still being charged every month on his credit card. he therefore contacted Controller A in writing (via the Facebook Messenger App) and asked the latter to notify the bank (Controller B) of the need to cancel his credit card installments. Controller A however did not notify Controller B. The Complainant therefore attempted to directly contact Controller B with the same request. Controller B never answered him.
-The Controller #1 refused on the basis of that "the communication that has taken place with the bank constitutes an internal communication and there is no possibility of its disclosure"
-=== Dispute ===
+The Complainant then requested Controller A to provide him with a copy of the correspondence it had with Controller B with respect to the installments. Controller A however refused to grant him access to this information on the basis of that the communication that had taken place with the bank constituted an internal communication with "no possibility of disclosure".
+In this context, the Complainant decided to file a complaint with the Greek DPA (the HDPA)
 === Holding ===
-The HDPA held that the Controller #1 was obliged to respond positively to the request of the Complainant
+The HDPA held that Controller A and B should have responded positively to the request of the Complainant in accordance with [[Article 12 GDPR|Article 12(2) GDPR]] and [[Article 15 GDPR]]. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to comply with the the right of access.
 == Comment ==