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DPA case 07126-1 / 2020/29 – Violation Found (Slovenia, 2020)

Violation Found
Informacijski pooblaščenec25 August 2020Slovenia
final
Violation Found

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The Informacijski pooblaščenec addressed the roles of sponsors and principal investigators in clinical trials regarding data protection. They clarified that the sponsor usually acts as the data controller, while the investigator's role can vary. This guidance helps clarify responsibilities in clinical research.

What happened

The authority examined whether sponsors and principal investigators in clinical trials are joint controllers or independent controllers of personal data.

Who was affected

Participants in clinical trials whose personal data is processed by sponsors and investigators.

What the authority found

The authority stated that the sponsor typically acts as the data controller, while the investigator's role depends on specific tasks in the trial.

Why this matters

This clarification helps organizations involved in clinical trials understand their data protection responsibilities. Properly defining roles is crucial for compliance with data protection laws.

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Full Legal Summary
Detailed

The Information Commissioner had been asked on the data protection roles of the the sponsor of a clinical trial and the principal investigator (i.e. the entity conducting the trial) with regards to the data processed in the trial: *Do sponsor and principal investigator qualify as joint controllers or *do they qualify as idependent controllers or *does the sponsor qualify as controller and the investigator qualify as the sponsor's processor? The Information Commissioner held that national Slovenian law regulating clinical trials does not define the data protection roles of sponsor and principal investigator. [https://edpb.europa.eu/our-work-tools/our-documents/dictamen-art-70/opinion-32019-concerning-questions-and-answers_en EDPB Opinion 3/2019 concerning the Questions and Answers on the interplay between the Clinical Trials Regulation (CTR) and the General Data Protection regulation (GDPR)] also does not provide an answer on that question. According to the Information Commissioner, the sponsor typically acts as a controller of personal data processed in the course of the trial. The principal investigator does not always have a role of a joint controller or a processor, as this depends on its tasks, assignments and level of autonomy in the particular clinical study. he Information Commissioner emphasised that a case-by-case analysis is neccessary, looking at the specific processing operations. Therefore, the principal investigator may qualify as (joint) controller for certain processing operations and as a processor for others. Finally, the Information Commissioner mentioned that the EPDB will soon adopt guidelines on the concepts of controller and processor in the 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 DPA case 07126-1 / 2020/29 in SI

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

Details

Decision Date

25 August 2020

Authority

Informacijski pooblaščenec

GDPRhub ID

gdprhub-2677

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 07126-1 / 2020/29 - Slovenia (2020). Retrieved from cookiefines.eu

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