DPA case 69/2024 – Dismissed (Belgium, 2024)

Dismissed
Autorité de Protection des Données2 May 2024Belgium
final
Dismissed

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.

A bank employee accessed a customer's personal data without permission, leading the customer to file a complaint. The authority found that the bank took appropriate actions to address the breach, so the complaint was dismissed.

What happened

An employee at a bank accessed a customer's data for personal reasons without following the bank's rules.

Who was affected

The customer whose personal data was accessed by the bank employee.

What the authority found

The authority concluded that the bank acted properly by implementing measures to prevent future breaches after being notified.

Why this matters

This case shows that companies need to respond effectively to data breaches and protect customer information. It also highlights the importance of having clear policies for employee access to data.

GDPR Articles Cited
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Art. 32 GDPR
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Art. 32(GDPR)

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National Law Articles
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Art. 95 § 1 WOG

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Full Legal Summary
Detailed

A bank’s employee, an ex-girlfriend of data subject, allegedly consulted data subject's personal data for one and a half of a year. The data subject contacted the bank (controller) twice, claiming that the controller’s employee (his ex-girlfriend) breached the confidentiality of the data, as she consulted the data outside controller's instructions, namely to stalk the data subject. Also, the data subject asked about the measures taken by the controller against the employee. Later on, the data subject decided to file a complaint with the police against his ex-girlfriend on charge of stalking. In response, the controller explained that the employee processed the data subject's data outside of her professional capacity and without controller's instruction. Additionally, the controller, implemented necessary and proportionate measures, as well as reported the breach with the Belgian DPA (APD/GBA). The data subject did not share the views of the controller and, consequently, filed a complaint with the DPA and [https://www.nationaleombudsman.nl/ the National Ombudsman] (Nationale ombudsman), claiming a breach of confidentiality by the controller. The DPA dismissed the data subject's complaint. Firstly, the actions taken by the controller after data subject’s notification were sufficient in the situation at hand. The controller implemented measures which adequately dealt with the breach of confidentiality. As a result, the DPA found no evidence that the measures were ineffective, especially they did not stop the employee from further unlawful conduct. At the same time, the controller acted proactively, preventing similar breaches to occur in the future. Therefore, the subject matter of the case was obsolete. Secondly, the DPA stated the complaint brought by the data subject also covered the criminal offence of stalking. However, the DPA had no jurisdiction over criminal cases of that kind, which made this part of compliant inadmissible.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 69/2024 in BE

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

Details

Decision Date

2 May 2024

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-7875

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. DPA case 69/2024 - Belgium (2024). Retrieved from cookiefines.eu

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