Enforcing jurisdiction
Lithuania · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

DPA case 3R-537 – Complaint Upheld (Lithuania, 2025)

Complaint Upheld
Valstybine duomenu apsaugos inspekcija15 May 2025Lithuania
final
Complaint Upheld

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

A Lithuanian politician sent political advertising emails that included the email addresses of all recipients without their consent. The data protection authority upheld a complaint from a recipient who claimed her data was shared without permission. This ruling clarifies that political advertising and direct marketing require different types of consent.

What happened

A politician sent political advertising emails that revealed recipients' email addresses without their consent.

Who was affected

The recipients of the political advertising emails, including one who filed a complaint.

What the authority found

The authority found that the politician did not have valid consent to process the recipient's email for political advertising, violating GDPR rules.

Why this matters

This decision sets a precedent that political advertising must have separate consent from direct marketing. Politicians and campaigners should ensure they obtain proper consent when contacting individuals.

Recorded legal citations
Automatically processed
Art. 5(1)(a) GDPR
Art. 13(1) GDPR
Art. 13(2) GDPR
Art. 15(1)(b) GDPR
Art. 15(1)(g) GDPR
Art. 33(5) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 13(1) GDPR
Art. 13(2) GDPR
Art. 15(1)(b) GDPR
Art. 15(1)(g) GDPR
Art. 33(5) GDPR

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

National Law Articles
AI-identified
Art. 95 Electoral Code of the Republic of Lithuania
Art. 2 Law on the Legal Protection of Personal Data

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: national law identified.

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

In October 2024 a politician (the controller) sent political advertising emails about his candidacy for the Parliament. The mails included a list of all the recipients. One of the recipients (the data subject) reached out to the data controller. She pointed out that personal data of the recipients was included in the emails and requested information about the processing of her data. The controller did not provide her with a clear answer. The data subject later filed a complaint with the DPA. She claiming that she never consented to receiving political advertising on her email address. She also claimed that the controller failed to reply to her request and that the inclusion of the recipients in the mails, constituted a data breach. After the complaint was filed, the controller deleted the data subject’s contacts from his database. First, the DPA held that the candidate was a controller for the processing of personal data. So, he was under the corresponding obligations under the GDPR, including the duty to ensure the lawfulness of the data processing. With regards to lawfulness, the controller claimed that he had previously collected the data subject’s consent for the purpose of direct marketing. In the controller’s view, this justified the processing of the data subject’s email address for the purpose of political advertising. The DPA rejected the argument. In this regard, the DPA clarified that direct marketing and political advertising are distinct activities under Lithuanian lawThe DPA referred to Article 95 of the Electoral Code of the Republic of Lithuania (for the definition of political advertising) and Article 2 of the Law on the Legal Protection of Personal Data (for the definition of direct marketing).. So, the DPA held that they also constitute different purposes for processing personal data. The DPA further observed that the purposes of direct marketing and political advertising are not only different but also incompatible. In other words, th

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 3R-537 in LT

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

Details

Decision Date

15 May 2025

Authority

Valstybine duomenu apsaugos inspekcija

GDPRhub ID

gdprhub-9297

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 3R-537 - Lithuania (2025). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: