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City of Helsinki – Violation Found (Finland, 2023)

Violation Found
DPA Tietosuojavaltuutetu2 August 2023Finland
final
Violation Found

Privacy enforcement record

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The Finnish Data Protection Authority found that the City of Helsinki failed to establish a data processing agreement with a company managing an online pupil welfare service. This lack of agreement meant that the company was not bound to protect personal data. The case stresses the importance of proper contracts in data processing.

What happened

The City of Helsinki was found to have not signed a data processing agreement with the company managing its pupil welfare service.

Who was affected

Pupils using the online welfare service who were potentially at risk due to inadequate data protection measures.

What the authority found

The authority ruled that the City of Helsinki violated GDPR by not having a data processing agreement in place with the service provider.

Why this matters

This case emphasizes the necessity for organizations to have clear agreements with service providers to ensure data protection compliance. It serves as a reminder for all businesses to formalize their data processing relationships.

Recorded legal citations
Automatically processed
Art. 28(3) GDPR
Art. 58(2)(b) GDPR
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Art. 28(3) GDPR
Art. 58(2)(b) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

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Full Legal Summary
Detailed

The Finnish DPA was notified that the City of Helsinki (the controller) had not concluded a data processing agreement with the company that maintained an online pupil welfare service that allowed pupils to contact a school counsellor or school psychologist. The DPA then asked the controller to explain who was responsible for maintaining the service. In response to the request, the controller clarified that it had no contractual documentation with the company maintaining the service regarding roles or data protection. The controller also stated that it no longer used the company to operate the service and that the service was now maintained by the controller. On the basis of the information provided by the controller, the DPA considered that another company had carried out the regular maintenance of the online service on behalf of the controller and had thus acted as a processor of personal data. The DPA found that, in the absence of a data processing agreement between the parties, the company maintaining the service was not contractually bound, for example, to ensure security of processing or confidentiality. On the basis of the information gathered, the DPA held that the controller had violated Article 28(3) GDPR by failing to comply with its obligation as controller to enter into a data processing agreement with the processor. As a result, the DPA issued a reprimand to the controller in accordance with Article 58(2)(b) GDPR.

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for City of Helsinki in FI

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

2 August 2023

Authority

DPA Tietosuojavaltuutetu

GDPRhub ID

gdprhub-7985

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. City of Helsinki - Finland (2023). Retrieved from cookiefines.eu

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