Security of processing – Privacy Design®

June 28, 2020June 29, 2020

publishable_lu_2019-05_lawfulnessoftheprocessing_summarypublic.pdf

Summary Final Decision Art 60
Complaint

No violation

Background information
Date of final decision: 10 May 2019

LSA: LU
CSAs: CZ, DK, ES, FR

Legal Reference: Lawfulness of the processing (Article 6), principles relating to the processing of personal data (Article 5), Security of processing (Article 32)

Decision: No violation

Key words: Lawfulness of the processing, Third party access to personal data, Rights of data subjects, Security of processing, e-commerce

Summary of the Decision
Origin of the case
The complainant states that they received a telegram sent by a third party in which their full name and address were included, as well as an order number. The third party claimed that a parcel purchased by him on the controller website had been sent to the complainant. The complainant states that their personal data may have been provided by the controller to the third party, thus violating the claimant’s rights under GDPR.

Findings
Following an inquiry by the LSA, the controller has demonstrated that it was the courier who provided the complainant’s details to the third party. The controller did not find any account on its website containing the personal details of the complainant, and there was no further evidence that the controller provided the personal data of the complainant either to the third party or to the courier.
Therefore, it seems that the personal data relating to the complainant must have already been stored by the courier and got connected (by the courier) to the order made by the third party.

Decision
The LSA did not identify any infringement of the obligations set out in Regulation (EU) 2016/679 (GDPR) by the controller. The data controller did not provide the third party with the complainant’s personal details and therefore the cross-border complaint should be closed, since no further action is required.

—
This text has been converted automatically from the PDF available via
https://edpb.europa.eu/our-work-tools/consistency-findings/register-for-article-60-final-decisions_en
using Apache Tika to allow for a better search. This might result in some characters being mangled.
Please see the original file for the official wording at
https://edpb.europa.eu/sites/edpb/files/article-60-final-decisions/summary/publishable_lu_2019-05_lawfulnessoftheprocessing_summarypublic.pdf

Please see also EDPB Copyright page

June 28, 2020June 29, 2020

publishable_lu_2019-05_lawfulnessoftheprocessing_summarypublic_0.pdf

Summary Final Decision Art 60
Complaint

No violation

Background information
Date of final decision: 10 May 2019

LSA: LU
CSAs: ES, FR, CZ

Legal Reference: Lawfulness of the processing (Article 6), Principles relating to the processing of personal data (Article 5), Right of access (Article 15), Security of processing (Article 32)

Decision: No violation
Key words: Lawfulness of processing, Third party access to personal data, Rights of data subjects, Right of access, Security of processing, e-commerce

Summary of the Decision
Origin of the case
The complainant received a parcel by an unknown person who wanted to return an item that she had purchased on the controller’s website. The complainant’s name and address had been indicated to the third individual as the place to return the parcel he had purchased.

Findings
The third-party was a customer of the controller that bought an item from a seller located in China, from which the complainant had also made a purchase. The personal data of the complainant had been disclosed to the third-party by the seller. After conducting an internal inquiry, the controller took corrective measures against the seller and informed the complainant.

Decision
The LSA found that there had been no violation of the GDPR. The LSA and the CSA agreed to close the cross-border complaint, since no further action is required.

Please see also EDPB Copyright page

June 28, 2020June 29, 2020

publishable_fr_2019-12_right_to_be_informed_summarypublic.docx_validated.pdf

Summary Final Decision Art 60
Investigation

Compliance order

Background information
Date of final decision: 16 December 2019
LSA: FR
CSAs: BE, DE-Rhineland-Palatinate, DK, ES, IT, HU, LU, PL, PT, SE, SK
Legal Reference: Transparency and Information (Articles 12, 13 and 14), Right to erasure (Article 17), Right to object (Article 21), Security of processing (Article 32)

Decision: Order to comply
Key words: Transparency and Information, Right to Erasure, Right to Object, Security of Processing, E-Commerce, Direct Marketing, Children, Consumers

Summary of the Decision

Origin of the case
The LSA conducted two on-site investigations at the controller’s premises to audit the controller’s compliance with the GDPR and tested the procedure set up by the controller to create an account.

Findings
The controller is a company offering subscription to educational magazines for children. On the basis of the investigation, the LSA found several GDPR infringements. First of all, several breaches of the obligation to inform data subjects, enshrined in articles 12 and 13 GDPR, were identified. No information relating to data protection nor link to the controller’s Terms and Conditions was given to the data subjects upon registration or when placing an order. As a consequence, the information was considered to be not accessible enough.
The Terms and Conditions did not include any information on the legal basis for processing, on the retention period and on the individual rights to restriction of processing, data portability, or to submit a claim to a supervisory authority. Although the target audience was French-speaking and the website is fully in French, the “unsubscribe” button in the newsletter and marketing emails was hyperlinked to a text in English, asking for confirmation. An additional hypertext link was included in the final page (titled “Clicking here”): this is misleading for the user, as clicking on such link actually resulted in a new subscription.

Secondly, a breach of the obligation to comply with the request to erase data was identified, as personal data was not erased systematically when requested by data subjects although there was no legal requirement to keep it and although users had been informed of the erasure of the data.

Last, there was a breach of the obligation to ensure the security of data, concerning passwords, locking of workstations, and access to data. More specifically, the password requirements and methods for processing the passwords were found to be non-compliant with the obligation to implement technical and organisational measures to ensure a level of security appropriate to the risk, since authentication was based on insufficiently complex passwords and obsolete hash algorithms. Additionally, the computer used by one of the database’s administrators was configured to never automatically lock or go on sleep mode. With regard to access to data, the absence of specific identification (i.e. the use of the same account by several people) made it impossible to ensure access traceability.

Decision
The LSA ordered the controller to comply, within two months of the notification of the decision, with several specific instructions.
First, the controller was ordered to provide full information to data subjects about the processing activities, in an easily accessible manner. Additionally, the LSA ordered the controller to set up a procedure for unsubscribing that is compliant with Articles 12 and 21 GDPR.
Secondly, the controller was ordered to ensure the effectiveness of all requests to exercise the right of erasure.
Last, the authority ordered the controller to take appropriate security measures to protect personal data and prevent access thereto by unauthorised third parties (by setting up a new password policy, avoiding the transmission of passwords in clear text, ensuring that workstations go on sleep mode, and setting up individual accounts).

—
This text has been converted automatically from the PDF available via
https://edpb.europa.eu/our-work-tools/consistency-findings/register-for-article-60-final-decisions_en
using Apache Tika to allow for a better search. This might result in some characters being mangled.
Please see the original file for the official wording at
https://edpb.europa.eu/sites/edpb/files/article-60-final-decisions/summary/publishable_fr_2019-12_right_to_be_informed_summarypublic.docx_validated.pdf