Persónuvernd - nr. 2018/1640
|Persónuvernd- nr. 2018/1640|
|Relevant Law:||Article 13 ePrivacy Directive
National implementation of Article 21(2) GDPR in
Act no. 90/2018 with regards to the National Registry of Iceland
|National Case Number:||nr. 2018/1640|
|European Case Law Identifier:||n/a|
|Original Source:||Persónuvernd (in IS)|
The Persónuvernd found that a telecommunication company sent unauthorised marketing emails; despite the data subject’s objection violated the GDPR and the ePrivacy Directive.
English Summary[edit | edit source]
Facts[edit | edit source]
A citizen (the complainant) objected to marketing emails when they registered within the National Registry of email marketing in Iceland. The Telecommunication company Simmin hf ignored the data subject’s objection and sent him marketing emails related to a television. The complainant filed a complaint with the Persónuvernd. The company’s view is first of all, that email has been sent by mistake. In the alternative, it claimed to be allowed to send direct email marketing to customer provided that it was given the opportunity for the consumer to object. Lastly, it claimed that neither the GDPR nor the e-Privacy Directive apply to the case at hand
Dispute[edit | edit source]
Could data controller not be held liable for direct marketing emails send by mistake?
Could direct marketing email be sent to a data subject provided that the data subject has the opportunity to object?
Holding[edit | edit source]
The Persónuvernd rejected all company’s arguments and considered that the company failed to demonstrate any legitimate interests as required by Article 6(1)(f) GDPR regarding the processing and failed to ask for a prior consent, as required by Article 13(1) of the e-Privacy Directive, which were applicable. Also, the Persónuvernd stressed that the right to object to direct email marketing was guarantee by Article 21(2) GDPR and Article 13(2) of the e-Privacy Directive. Therefore, the Persónuvernd concluded that the company did not comply with the GDPR and the Icelandic implementation of the e-Privacy Directive.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the original. Please refer to the Icelandic original for more details.