HDPA - 19/2020

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HDPA - 19/2020
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 5(2) GDPR
Article 11 Law 3471/2006
Type: Complaint
Outcome: Upheld
Decided: 29.06.2020
Published: 29.06.2020
Fine: 2500 EUR
Parties: n/a
National Case Number/Name: 19/2020
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Greek
Original Source: HDPA (in EL)
Initial Contributor: n/a

The Hellenic Data Protection Authority (HDPA) fined politician € 2.500 for sending unsolicited political SMSs to people without their consent.

English Summary[edit | edit source]

Facts[edit | edit source]

Data subjects complained that they received SMSs from a candidate in municipal elections without having any previous relationship with her.

Dispute[edit | edit source]

Holding[edit | edit source]

The HDPA held that according to the GDPR and Article 11 of L. 3471/2006, in electronic political communication a politician is a data controller insofar as they determine the scope and means of processing, e.g. their personal political communication. Thus, the are bound by the principle of accountability.

Here, the politician failed to prove she obtained the complainants' consent and she offered the right to object to the political communication. Moreover the data subjects could not easily find the controller's details in order to exercise their rights.

Thus, the HDPA imposed the fine of € 2.500.

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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.