HDPA (Greece) - 42/2021

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HDPA (Greece) - 42/2021
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 5(1)(d) GDPR
Article 5(1)(f) GDPR
Article 32 GDPR
Type: Complaint
Outcome: Upheld
Decided: 21.09.2021
Published: 21.09.2021
Fine: None
Parties: Party A (anonymized)
Party B, Member of the Hellenic Parliament (anonymized)
National Case Number/Name: 42/2021
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Greek
Greek
Original Source: HDPA (in EL)
HDPA (in EL)
Initial Contributor: Adrian

The Greek DPA held that sending bulk emails with all recipients' email addresses entered in the "To" field is not compliant with Article 32 of the GDPR. It recommended the use of BCC as an alternative.

English Summary[edit | edit source]

Facts[edit | edit source]

The data subject complained to the Greek DPA (the HDPA) about having received a press release via email by a member of the Hellenic Parliament (the latter being considered the data controller in the context of this decision), without the data subject's consent. Furthermore, the data subject's email address was visible to other recipients (the "To" field was used instead of BCC).

Holding[edit | edit source]

The HDPA issued a warning towards the data controller, recommending the use of the BCC field in order for mass email communication to remain compliant with Article 32 GDPR. No other measures were deemed necessary, because of the data controller's stance that the inclusion of the subject's email was made by mistake (more particularly, the controller had wrongly thought the data subject was a journalist, and that the data processing would thus be in accordance to Article 6(1)(f) GDPR), and because the controller took corrective measures by removing the data subject's personal details from the mailing list.

Comment[edit | edit source]

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English Machine Translation of the Decision[edit | edit source]

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



  
    

  
  
    
  
    Category
              Decision
          

  
    Date
              21/09/2021

          

  
    Transaction number
              42
          

  
    Thematic unit
          
              09. Promotion of products and services
              
      

  
    Applicable provisions
          
              Article 5.1.d: Principle of accuracy
          Article 5.1.f: Principle of integrity and confidentiality
          Article 32: Processing security
              
      

  
    Summary
              The Authority reprimanded a controller who sent e-mails to a large number of recipients, placing the recipients' details in the "To" field. When an e-mail address is addressed to a large number of recipients who are natural persons, the controller must take appropriate measures to ensure that the recipients' addresses are not disclosed to a large number of persons. Therefore, in these cases it is better to use the "hidden notification" option or to send individual messages, when possible.

          

  
    PDF Decision
              42_2021anonym.pdf243.23 KB
          

  


    
  
    Category
              Decision
          

  
    Date
              21/09/2021

          

  
    Transaction number
              42
          

  
    Thematic unit
          
              09. Promotion of products and services
              
      

  
    Applicable provisions
          
              Article 5.1.d: Principle of accuracy
          Article 5.1.f: Principle of integrity and confidentiality
          Article 32: Processing security
              
      

  
    Summary
              The Authority reprimanded a controller who sent e-mails to a large number of recipients, placing the recipients' details in the "To" field. When an e-mail address is addressed to a large number of recipients who are natural persons, the controller must take appropriate measures to ensure that the recipients' addresses are not disclosed to a large number of persons. Therefore, in these cases it is better to use the "hidden notification" option or to send individual messages, when possible.

          

  
    PDF Decision
              42_2021anonym.pdf243.23 KB