Summary Final Decision Art 60
Complaint
No ongoing infringement of the GDPR
Background information
Date of final decision: 17 September 2019
LSA: IT
CSAs: DE-Baden-Württemberg, DE-Hamburg, DE-Rhineland-Palatinate
Legal Reference: Right to erasure (Article 17)
Decision: No ongoing infringement of the GDPR
Key words: Right to erasure, Spam, Newsletter
Summary of the Decision
Origin of the case
The complainant sent an email to the controller to unsubscribe from a newsletter. The day following the erasure request, he received another SPAM email from the newsletter.
Findings
The LSA found that, instead of sending the erasure request to the dedicated email address present in the marketing email footer, the complainant sent it to the wrong email address, thus slowing down the procedure. Despite the complainant’s mistake, the controller dealt with the erasure request within a few days.
Decision
The LSA found that the controller ultimately complied with his obligations under the GDPR, since some technical processing times are unavoidable especially if the data subject enforces his right writing to the wrong e-mail address, and dismissed the complaint.
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