UAB VS FITNESS – €20,000 Fine (Lithuania, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
UAB VS FITNESS required customers to scan their fingerprints to use their services, which led to a fine for violating privacy laws. This is significant because it shows that businesses must obtain valid consent before processing sensitive personal data.
What happened
UAB VS FITNESS processed customers' biometric data without valid consent.
Who was affected
Customers who were required to provide their fingerprints to access the sports club's services.
What the authority found
The Lithuanian data protection authority found that UAB VS FITNESS violated multiple privacy rules, including failing to obtain valid consent for processing biometric data.
Why this matters
This case sets a precedent for how companies should handle sensitive data like fingerprints. Businesses must ensure that consent is freely given and that they comply with privacy regulations to avoid fines.
GDPR Articles Cited
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The Lithuanian DPA ('VDAI') received a complaint stating that in order to use the services of a sports club (UAB VS FITNESS), fingerprint scanning is required. It then initiated an own volition investigation of a possible breach of the GDPR. The VDAI found that the sports club had violated the following GDPR provisions: * It violated Article 9(1) GDPR by processing the biometric data of customers, which is special category data. The sports club had attempted to rely on the consent exception, outlined at Article 9(2), that special category data may be processed where the data subject provides their consent. However, the VDAI found that consent collected from customers did not satisfy the requirements for valid consent established in the GDPR. In particular, since consent to the biometric system was not voluntary, it was not freely given; * The processing of employees' fingerprints was also in breach of Article 9(1) GDPR, as the club had again attempted to rely on consent as a basis for processing. The VDAI highlighted that employee consent is generally considered invalid due to the power imbalance with an employer. Moreover, the club did not specify the purpose and legal basis of the processing of employee data, nor had it demonstrated the necessity and proportionality of this processing, in violation of Article 5(1)(c) GDPR; * It violated Article 13(1) and (1) GDPR, and Article 5(1) GDPR by failing to adequately inform data subject's about the processing of their data; * It failed to perform an assessment of the impact of the processing of biometric data, in violation of Article 35(1) GDPR; * It did not manage a record of its processing activities, in violation of Article 30 GDPR. It thus issued a fine of €20,000. In determining the fine, the VDAI took into account: * The processing of special categories of personal data; * That Improper exercise of data subject's right to be informed falls into a category of more serious infringements under Article
Related Enforcement Actions (0)
No other enforcement actions found for UAB VS FITNESS in LT
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
21 June 2021
Authority
Valstybine duomenu apsaugos inspekcija
Fine Amount
€20,000
About this data
Cite as: Cookie Fines. UAB VS FITNESS - Lithuania (2021). Retrieved from cookiefines.eu
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