DPA case 48/2024 – Complaint Upheld (Belgium, 2024)

Complaint Upheld
Autorité de Protection des Données28 March 2024Belgium
final
Complaint Upheld

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.

An embassy employee accessed a person's data without permission, leading to a complaint about the slow response to a request for information. This case is significant because it emphasizes the need for organizations to respond quickly to data access requests. The embassy was reminded of its obligations under data protection rules.

What happened

An embassy employee made an unauthorized consultation of a person's data from the National Register.

Who was affected

The individual whose data was accessed without permission was affected.

What the authority found

The authority determined that the embassy did not respond to the data access request in a timely manner, violating GDPR requirements.

Why this matters

This situation highlights the importance of timely responses to data access requests. Organizations must prioritize compliance to avoid similar complaints.

GDPR Articles Cited
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Art. 12(3) GDPR
Art. 15(1) GDPR
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Art. 12(3) GDPR
Art. 15(1) GDPR

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Full Legal Summary
Detailed

On 12 July 2023, one of the embassy’s (“controller”) employees made an unauthorized consultation of the National Register as they were allegedly a friend of the data subject, seeking to find out about her after 25 years. After noticing a suspicious consultation of her data, on 19 July 2023, the data subject exercised her right of access regarding this consultation and asked that the controller disclose the identity of the person who carried out the consultation. On 17 August 2023, the data subject repeated her request as she had not received a reply. On 22 August 2023, the controller’s DPO confirmed the receipt of the request and forwarded it to the relevant departments. On 13 September 2023, the DPO explained to the data subject that they needed more than a month to process the request, as external approaches to the embassy take time. On 8 November 2023, the data subject sent an email to the controller explaining that if she did not receive a reply by the end of November, she would lodge a complaint with the Belgian DPA (“APD”). On the same day, the DPO replied, stating that the investigation had revealed that the consultation had been carried out privately by a childhood friend of the data subject, who was also an embassy employee and who wished to renew contact with the data subject. The DPO indicated that any consultation for other than consular purposes was prohibited and would give rise to administrative sanctions. On 9 November 2023, the data subject lodged a complaint with the APD. Firstly, regarding the late response to the data subject’s access request, Article 12(3) GDPR establishes that that the controller must respond to a data access request without undue delay and in any event, within one month of receipt of the request. The APD held that it can be materially difficult for a data controller to respond within the one-month period provided for in the GDPR. However, the DPA considered that in the present case, the response to the access request was

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 48/2024 in BE

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

Details

Decision Date

28 March 2024

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-7789

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 48/2024 - Belgium (2024). Retrieved from cookiefines.eu

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