Difference between revisions of "HDPA - 41/2019"

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[[Article 16 GDPR]]  
 
[[Article 16 GDPR]]  
 
[[Category:Article 16 GDPR]]
 
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[[Article 58 GDPR#2b|Article 58(2)(b) GDPR]]
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[[Category:Article 58(2)(b) GDPR]]
 
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==English Summary==
 
==English Summary==
 
===Facts===
 
===Facts===
The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to Article 15 GDPR and her right of rectification according to Article 16 GDPR. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them.   
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The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to [[Article 15 GDPR|Article 15 GDPR]] and her right of rectification according to [[Article 16 GDPR|Article 16 GDPR]]. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them.   
  
 
===Dispute===
 
===Dispute===
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===Holding===
 
===Holding===
The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to Article 12 (3) and (4) GDPR when a data subject may exercise their right of access according to Article 15 (1) and (3) GDPR. Then, it explained that the rights of objection and to internal administrative appeal under public administrative law constitute different legal bases and imply different legal consequences from the right to rectification under Article 16 GDPR. Thus, the data subject can’t exercise them by exercising the right to rectification under Article 16 GDPR. Finally, the DPA issued a reprimand to the Ministry according to Article 58 (2)(b) GDPR for the infringement of Articles 12 and 15 GDPR.  
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The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to [[Article 12 GDPR#3|Article 12(3) GDPR]] and [[Article 12 GDPR#4|Article 12(4) GDPR]] when a data subject may exercise their right of access according to [[Article 15 GDPR#1|Article 15(1) GDPR]] and [[Article 15 GDPR#3|Article 15(3) GDPR]]. Then, it explained that the right of objection and the right to internal administrative appeal under public administrative law constitute different legal bases and imply different legal consequences from the right to rectification under [[Article 16 GDPR|Article 16 GDPR]]. Thus, the data subject can’t exercise them by exercising the right to rectification under [[Article 16 GDPR|Article 16 GDPR]]. Finally, the HDPA issued a reprimand to the Ministry according to [[Article 58 GDPR#2b|Article 58(2)(b) GDPR]] for the infringement of [[Article 12 GDPR|Article 12 GDPR]] and [[Article 15 GDPR|Article 15 GDPR]].
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==Comment==
 
==Comment==
  
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==Further Resources==
 
==Further Resources==
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''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  

Revision as of 23:00, 20 January 2020

HDPA - 43/2019
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 12(3) GDPR

Article 12(4) GDPR

Article 15(1) GDPR

Article 15(3) GDPR

Article 16 GDPR

Article 58(2)(b) GDPR

Type: Complaint
Outcome: Upheld
Decided: 11.12. 2019
Published: n/a
Fine: None
Parties: n/a
National Case Number: 43/2019
European Case Law Identifier: n/a
Appeal: n/a
Original Language:

Greek

Original Source: HDPA (GR)

The HDPA issued a reprimand to the Ministry of Mercantile Marine and Island Policy for infringement of the right of access.

English Summary

Facts

The Complainant was an employee at the Hellenic Ministry of Mercantile Marine and Island Policy and she claimed that the Ministry violated her right of access according to Article 15 GDPR and her right of rectification according to Article 16 GDPR. She was candidate for an executive position within the Ministry and asked via e-mail that all candidates are provided with the right of objection and the right for an internal administrative appeal. The Head of the Department replied to her that there was no right to objection in this phase and that all candidates have been treated equally. It also noted that the ranking lists of the candidates contain personal data and there is no legal obligation to publish them.

Dispute

Is there an obligation to publish ranking lists of candidates containing personal data?

Holding

The ranking lists of the candidates contain personal data and there is no legal obligation to publish them. The HDPA invoked the obligations of the data controllers according to Article 12(3) GDPR and Article 12(4) GDPR when a data subject may exercise their right of access according to Article 15(1) GDPR and Article 15(3) GDPR. Then, it explained that the right of objection and the right to internal administrative appeal under public administrative law constitute different legal bases and imply different legal consequences from the right to rectification under Article 16 GDPR. Thus, the data subject can’t exercise them by exercising the right to rectification under Article 16 GDPR. Finally, the HDPA issued a reprimand to the Ministry according to Article 58(2)(b) GDPR for the infringement of Article 12 GDPR and Article 15 GDPR.

Comment

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Further Resources

Share blogs or news articles here!

English Machine Translation of the Decision

There is no available machine translated decision. Please refer to the Greek original decision for details.