Editing HDPA - 18/2020

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The Hellenic DPA (HDPA) fined private college € 5.000 because it failed to prove the lawfulness of data processing with regard to phone offers of seminars to unemployed people. The college violated the principles of lawfulness of processing and accountability.   
 
The Hellenic DPA (HDPA) fined private college € 5.000 because it failed to prove the lawfulness of data processing with regard to phone offers of seminars to unemployed people. The college violated the principles of lawfulness of processing and accountability.   
  
==English Summary==
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== English Summary ==
  
===Facts===
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=== Facts ===
 
Data subject complained that the private college, New York College, made targeted phone call offering their participation in seminar for unemployed people. In the call the College approached them as if it knew their status as unemployed. The data subject had requested from the data controller information on how and why their personal data was processed but did not get any satisfying response.  
 
Data subject complained that the private college, New York College, made targeted phone call offering their participation in seminar for unemployed people. In the call the College approached them as if it knew their status as unemployed. The data subject had requested from the data controller information on how and why their personal data was processed but did not get any satisfying response.  
  
===Dispute===
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=== Dispute ===
 
   
 
   
  
===Holding===
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=== Holding ===
 
The HDPA held that according to the principle of accountability as provided for in Article 5(2) GDPR, the college as data controller has the burden of proof as to the lawfulness of processing. The HDPA found that the controller did not provide any information to this end, violating the principle of accountability. Moreover, the processing was conducted in an opaque way with regard to both its general policy and dealing with the data subject's request in particular.  
 
The HDPA held that according to the principle of accountability as provided for in Article 5(2) GDPR, the college as data controller has the burden of proof as to the lawfulness of processing. The HDPA found that the controller did not provide any information to this end, violating the principle of accountability. Moreover, the processing was conducted in an opaque way with regard to both its general policy and dealing with the data subject's request in particular.  
  
 
The HDPA ordered the controller to bring its processing operations into compliance with the GDPR and take all necessary measures to full internal compliance and accountability as foreseen in Articles 5(1) and (2) and 6(1) GDPR. Finally, it imposed the fine of € 5.000.  
 
The HDPA ordered the controller to bring its processing operations into compliance with the GDPR and take all necessary measures to full internal compliance and accountability as foreseen in Articles 5(1) and (2) and 6(1) GDPR. Finally, it imposed the fine of € 5.000.  
  
==Comment==
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== Comment ==
 
''Share your comments here!''
 
''Share your comments here!''
  
==Further Resources==
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== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
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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.
 
The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.
  
 
<pre>
 
<pre>
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HELLENIC REPUBLIC OF DATA
 
HELLENIC REPUBLIC OF DATA
 
PROTECTION
 
PROTECTION
  
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Athens, 29-06-2020
 
Athens, 29-06-2020
 
No, for example: C/EX/4512/29-06-2020  
 
No, for example: C/EX/4512/29-06-2020  
  
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FA IN NO 18/2020
 
FA IN NO 18/2020
 
(Department)
 
(Department)
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B. imposes on NEW YORK COLLEGE S.A. the effective, proportionate and dissuasive administrative fine appropriate in this particular case according to its specific circumstances, amounting to five thousand (5,000,00) euros.
 
B. imposes on NEW YORK COLLEGE S.A. the effective, proportionate and dissuasive administrative fine appropriate in this particular case according to its specific circumstances, amounting to five thousand (5,000,00) euros.
 
The secretary  
 
The secretary  
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Konstantinos Menoudakos
 
Konstantinos Menoudakos

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