IP (Slovenia) - 07141-9/2023/10
| IP - 07141-9/2023/10 | |
|---|---|
 | |
| Authority: | IP (Slovenia) |
| Jurisdiction: | Slovenia |
| Relevant Law: | Article 17(1) GDPR Article 17(3)(b) GDPR Article 58(2) GDPR Article 43 of the National Prevention of Money Laundering and Terrorist Financing Act Article 51 of the National Prevention of Money Laundering and Terrorist Financing Act |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 08.09.2023 |
| Published: | |
| Fine: | n/a |
| Parties: | AJPES (Agency of the Republic of Slovenia for Public Legal Records and Related Services) |
| National Case Number/Name: | 07141-9/2023/10 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Slovenian |
| Original Source: | IP (in SL) |
| Initial Contributor: | ar |
The Slovenian DPA ordered the Agency of the Republic of Slovenia for Public Legal Records and Related Services to comply with the complainant’s deletion request under Article 17 GDPR. Contrary to national law, the Agency had published the complainant’s full address, instead of only the country of residence.
English Summary
Facts
The data subject noted that AJPES, the Agency of the Republic of Slovenia for Public Legal Records and Related Services (the controller) made available online on the Slovenian Business Register (PRS) to the public, without any legal basis, information on the address of the permanent and temporary residence of the data subject.
The data subject further argued to have sent a deletion request by e-mail concerning the personal data on 22 February 2023 and then on 24 February 2023 - requests rejected by the controller. Thus, on 27 March 2023, the data subject lodged a complaint with the Slovenian DPA.
The DPA, thus, initiated its supervision procedure against the controller on the basis of the complainant's request regarding the lawfulness of the processing of personal data.
Following the initiation of the proceedings, the controller stated that Article 51 of the National Prevention of Money Laundering and Terrorist Financing Act (Act), in conjunction with Article 43 of the Act, has, since 2016, required the public disclosure of the data of entities registered in the PRS, including information on their permanent and temporary residence.
Holding
The Slovenian DPA observed that the controller was obliged to make public the complainant's personal data, including the address of her permanent and temporary residence, on the basis of Article 51 of the Act, in conjunction with Article 43 of the Act. Such an obligation would then give rise to the exclusion ground for the right to erasure pursuant to Article 17(3)(b) GDPR.
However, the DPA noted that the controller not only published the country of residence of the complainant but also the address, which was not required under the national legislation in question. Meanwhile, Article 51(1) of the Act provides for the disclosure of the country of permanent and temporary residence and not for the specific address.
Thus, by making the information on the complainant's address of permanent and temporary residence accessible to the public without a legal basis, the controller infringed Article 6 GDPR. Given the absence of a legal basis, the controller also unlawfully refused the complainant's deletion request of the data in question, breaching Article 17(1) GDPR.
Pursuant to Article 58(2)(d) GDPR, the DPA ordered the controller to remedy the irregularities by making the complainant's data in the PRS inaccessible to the public within 40 days from the date of notification of the decision.
Comment
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English Machine Translation of the Decision
The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.
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