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City of Helsinki – Violation Found (Finland, 2022)

Violation Found
DPA Tietosuojavaltuutetu13 December 2022Finland
final
ePrivacy
Violation Found

The Finnish Data Protection Authority found that the cities of Helsinki, Espoo, Vantaa, and Kauniainen violated privacy laws by using tracking cookies without consent. They placed cookies on users' devices before showing a consent banner, which is against GDPR rules. This case emphasizes the importance of obtaining user consent before tracking their online behavior.

What happened

The cities used Google Analytics and placed tracking cookies on users' devices without obtaining consent first.

Who was affected

Visitors to the public library website who had their browsing data tracked without their consent.

What the authority found

The DPA ruled that the cities violated multiple GDPR articles by failing to obtain valid consent and not providing clear information about data processing.

Why this matters

This ruling serves as a warning to public authorities about the need for transparency and consent in data processing. It highlights the importance of complying with GDPR to protect user privacy.

Recorded legal citations
Automatically processed
Art. 32 GDPR
Art. 44 GDPR
Art. 46 GDPR
Art. 5(1)(a) GDPR
Art. 13(2) GDPR
Art. 25(1) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 25(1) GDPR
Art. 32(GDPR)
Art. 44(GDPR)
Art. 46(GDPR)
Art. 13(2) GDPR

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

National Law Articles
AI-identified
Data Protection Act (Tietosuojalaki )

Entities Involved

City of Helsinki
City of Espoo
City of Vantaa
City of Kauniainen

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Automated check recorded — 9 April 2026.

Processing notes: articles corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The cities of Helsinki, Espoo, Vantaa and Kauniainen (the controllers) used Google Analytics and Google Tag Manager, with servers located in the US, as a tracking technology tool on their online system (https://helmet.fi) of public libraries to monitor visitors and improve the service. The controllers installed cookie tracking technologies on the data subjects' terminal devices as soon as the website was accessed, even before a cookie banner would be shown to them. Information about processing of personal data was available on the library website under the "About the website" link. However, this general privacy note would not inform data subjects about data transfers to the US, but only mention that "some service providers are located outside of the EU/EEA" without specific information on the recipients in third countries. Information about the tracking technologies was also provided under the heading "Cookies". In light of the CJEU Schrems II judgement, the Finnish DPA started an ex officio investigation into the controllers' data transfers to third countries. The DPA considered four main issues: legal basis for processing of personal data collected through tracking technology tools, information given to data subjects related to the use of tracking technologies, implementation of technical and organisational measures for sharing data on search results with third parties, legal basis for data transfers to third countries. First, with regards to the legal basis for processing personal data collected through the tracking technology, specifically Google Analytics and Google Tag Manager, the DPA noted that certain cookies were set on the website before an interaction with the cookie banner. Such cookies were not strictly necessary and therefore required valid consent of the data subject. The DPA held that the controllers violated Articles 5(1)(a) and 6(1) GDPR, which require a valid legal basis for the processing of personal data. Moreover, the DPA found a violation of Article 25(1) GDPR because the controllers failed to effectively implement the principle of lawfulness under Article 5 GDPR. Second, the DPA assessed the information provided to data subjects and recalled that information on processing should be easily accesible to data subjects. The DPA held that providing the privacy notice in a section called 'About the website' was not clear and violated the principle of transparency (Article 5(1)(a) GDPR). The DPA also noted that the controllers were obliged, under Article 13(1)(e) GDPR to inform data subjects about transfers to third countries. However, the information provided was too general and not sufficient as it did not include the third countries nor recipients with whom data outside the EU would be shared. Hence, the DPA found a violation of Articles 5(1)(a), 13 and 25(1) GDPR. Third, the DPA considered that using Google Analytics for the search result page could lead to a security breach in the form of sharing the data with unauthorised third parties. The DPA explained that search data on a library website can reveal a considerable amount of information about a person's private life and can be used, for example, to create a personal profile of the data subject. The negligent processing of personal data by the controllers led to the transmission of this information at least to Google. Therefore, the DPA held that the controllers violated Articles 32(1)(2) and 25 GDPR by systematically and unintentionally disclosing personal data to third parties through an 'obvious' lack of technical and organisational measures as well as a failure to implement the principle of privacy by design. Fourth, the DPA assessed whether the controllers had a valid legal basis for transferring personal data to the US. The DPA recalled that since the Schrems II judgement, controllers could no longer rely on the Privacy Shield adequacy decision. The DPA held that the controllers breached Article 44 GDPR, which requires transfers to be carried out in accordance with the conditions of Chapter V of the GDPR, and Article 46 GDPR, which requires appropriate safeguards in the absence of a decision under Article 45 GDPR, as the controllers provided no valid legal basis for their transfers to the US. The DPA also made a general remark on the use of tracking technologies by public authorities. It held that the controllers should carefully consider what kind of tracking technology is actually necessary on their website and whether, for example, the online service could be provided entirely without tracking technologies other than those necessary for the functioning of the website. The controllers should have a legal basis for their processing activites and adequately inform data subjects of the purposes of processing. In conclusion, based on Article 58(2)(d) GDPR, the DPA ordered the controllers to bring their processing activities in line with the GDPR, including the deletion of all data collected with Google Analytics and Tag Manager, as well as updating information provided to data subjects. The DPA issued reprimands, under Article 58(2)(b) GDPR, to the controllers for violating the above-mentioned provisions of the GDPR.

Outcome

Violation Found

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

Violations (3)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

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

13 December 2022

Authority

DPA Tietosuojavaltuutetu

GDPRhub ID

gdprhub-5627

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 (2022). Retrieved from cookiefines.eu

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