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Estonia · Geography does not establish applicable law.
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DPA case nr.2.1-3/20/172 – Complaint Upheld (Estonia, 2020)

Complaint Upheld
Andmekaitse Inspektsioon11 March 2020Estonia
final
Complaint Upheld

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A complaint was filed about incorrect information in a criminal record. The authority found that the information was correct and that the person was still convicted. This matters because it shows that criminal records can be disclosed legally even if someone claims they shouldn't be.

What happened

The appellant complained that incorrect information was published in their criminal record and requested its removal.

Who was affected

The appellant, who claimed there were no penalties against them and sought to remove information from their criminal record.

What the authority found

The authority determined that the disclosure of the criminal record was lawful and that the appellant remained convicted.

Why this matters

This case highlights the importance of accurate criminal records and the authority's role in verifying their correctness. It serves as a reminder that claims against such records must be supported by legal findings.

Recorded legal citations
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Art. 16 GDPR
Art. 17 GDPR
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Art. 16(GDPR)
Art. 17(GDPR)

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Full Legal Summary
Detailed

The appellant filed a complaint with the AKI ordering the immediate removal from the criminal record incorrect information published there. According to the appellant, there are no penalties in force against him. The appellant finds that the Circuit Court has not enforced the judgment of the County Court in the conviction and thus, he has not been punished. In order to resolve the challenge raised by the appellant, the AKI declared that it is necessary to resolve the question whether there are penalties in force against the appellant and whether the information in the criminal record is correct. In order to find out the above, the AKI approached different registers and found that the disclosure of the criminal record is lawful. The AKI does not agree with the complainant of the challenge that it has no valid one penalties. The appellant was found guilty. This decision was not annulled by the Supreme Court and therefore remained in force. Also the Circuit Court did not amend or annulet the conviction. Due to the this, the appellant continues to be convicted. Thus, the disclosure of data in the criminal record is lawful.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case nr.2.1-3/20/172 in EE

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

Details

Decision Date

11 March 2020

Authority

Andmekaitse Inspektsioon

GDPRhub ID

gdprhub-2312

About this data

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

Cite as: Cookie Fines. DPA case nr.2.1-3/20/172 - Estonia (2020). Retrieved from cookiefines.eu

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