Summary Final Decision Art 60
Complaint
Reprimand to controller
Background information
Date of final decision: 12 September 2018
LSA: DE – Berlin
CSAs: AT, DE – Bavaria (priv), DE – Mecklenburg-Western Pomerania, DE – Saarland, DE – Hesse, DE – Lower Saxony, DK, ES, FR, SE
Controller: Just Fabulous GmbH
Legal Reference: Right to erasure (Art 17)
Decision: Reprimand to Controller
Key words: Right to Erasure, e-commerce, Data Subject Rights not respected, Reprimand
Summary of the DecisionRight to Erasure, e-commerce, Data Subject Rights not respected, Reprimand
Origin of the case
Complainant requested deletion of personal data to the controller on 11 January 2018 and received a confirmation of the deletion on 15 January 2018. Despite this, s/he received e-mails on the 1 June (“Updating our data protection guidelines”) and 16 June 2018 (“Your feedback is important to us”) from the controller.
Findings
The controller did not fulfil its obligation under Article 17 para. 1 letter a GDPR. Controller showed understanding and announced that it would comply with GDPR and put an end to the reprimanded conduct.
Decision
Considering the specific circumstances a reprimand was considered appropriate.
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