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Portuguese National Statistical Institute – €4,300,000 Fine (Portugal, 2022)

€4,300,000Comissão Nacional de Proteção de Dados2 November 2022Portugal
final
Fine

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The Portuguese National Statistical Institute was fined EUR 4.3 million for multiple violations during the 2021 census. This case emphasizes the need for organizations to properly inform individuals about how their data will be used.

What happened

The Institute failed to inform participants that providing religious and health data was voluntary.

Who was affected

Individuals who participated in the 2021 census were affected by the lack of clear information regarding their data.

What the authority found

The Portuguese DPA ruled that the Institute violated several GDPR requirements, including failing to conduct a data protection impact assessment.

Why this matters

This significant fine highlights the importance of transparency in data processing. Organizations must ensure they communicate clearly with individuals about their data rights.

Recorded legal citations
Automatically processed
Art. 12 GDPR
Art. 13 GDPR
Art. 44 GDPR
Art. 5(1)(a) GDPR
Art. 9(1) GDPR
Art. 28(1) GDPR
Art. 35(1) GDPR
Art. 46(2) GDPR
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Art. 5(1)(a) GDPR
Art. 9(1) GDPR
Art. 12 GDPR
Art. 13 GDPR
Art. 28(1) GDPR
(6)
(7) GDPR
Art. 35(1) GDPR
(2)
(3) b) GDPR
Art. 44 GDPR
Art. 46(2) GDPR

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

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Processing notes: articles corrected, national law identified, date discrepancy.

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Full Legal Summary
Detailed

The Portuguese DPA has fined the Portuguese National Statistical Institute EUR 4,3 million. The DPA found numerous violations of the GPDR in connection with the 2021 census in Portugal. The DPA first found that the controller had failed to inform the data subjects that the provision of religious and health data was purely voluntary. The DPA considered this to be an interference with the data subjects' ability to freely express their will regarding data processing. In addition, the DPA found that the controller failed to exercise due diligence in selecting its processor, contrary to its obligation under Art. 28 GDPR. In addition, the order processing contract permitted the transfer of personal data outside the EEA without providing for additional security measures besides the SCCS approved by the European Commission, as required under the Schrems II ruling. The DPA considered this to be a breach of Art. 44 GDPR and Art. 46 (2) GDPR. Finally, the DPA found that the controller failed to conduct a data protection impact assessment regarding the census.

Related Enforcement Actions (0)

No other enforcement actions found for Portuguese National Statistical Institute in PT

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

Details

Fine Date

2 November 2022

Authority

Comissão Nacional de Proteção de Dados

Fine Amount

€4,300,000

Enforcement Tracker ID

ETid-1524

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Portuguese National Statistical Institute - Portugal (2022). Retrieved from cookiefines.eu

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