PRA IBERIA, S.L. – €60,000 Fine (Spain, 2021)
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 Spanish credit company was fined EUR 60,000 for mishandling personal data related to a debt. The company couldn't prove the existence of a valid contract and failed to respond to a data access request. This case shows the importance of accurate data records and respecting individuals' rights to access their data.
What happened
A credit company was fined for failing to prove a valid contract and not responding to a data access request.
Who was affected
A person who was wrongly pursued for debt and whose data access request was ignored.
What the authority found
The Spanish data protection authority fined the company for not proving a valid contract and violating the person's right to access their data.
Why this matters
This ruling emphasizes the importance of maintaining accurate data and respecting individuals' rights under GDPR. Companies should ensure they have clear records and respond promptly to data access requests to avoid penalties.
GDPR Articles Cited
A data subject lodged a complaint with the Spanish DPA (AEPD) stating that a credit company was requiring the payment of a series of debts on behalf of a bank without having contracted any services. The data subject also tried to access their right to access before the company to verify what data the controller had on them, without receiving any official answer. The AEPD requested the controller documentation to prove the existence of the contract. The controller provided the contract with the personal data and bank data, but was not able to provide a signed contract, a copy of the ID or a recording of the phone call in which the contract was made. The debt had been surrogated from another company, that sold their portfolio of debtors. When the data subject received such notification, they decided to exercise the right to access. The AEPD found that the bank account used for the purposes of the debt had only been active before the services had been contracted. The debt derived from the non-payment was generated five years after the cancellation of the account. The bank could neither prove that the initial transfers or the devolution of the money had been carried out. The AEPD concluded that the controller had violated Article 6 GDPR, since they were not able to prove that the data subject had validly entered the contract. Additionally, the AEPD found that the controller had violated the principle of accuracy from Article 5(1)(d) GDPR, since the personal data of the data subject that they were processing were not accurate and the controller did not act to solve this. The AEPD also found that the controller had not effectively answered to the access request submitted by the data subject, what implied a violation of Article 15 GDPR. The AEPD decided to fine the controller a total of €60,000: €30,000 for the violation of Article 6, and €30,000 for the violation of Article 15.
Related Enforcement Actions (0)
No other enforcement actions found for PRA IBERIA, S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
19 July 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€60,000
GDPRhub ID
gdprhub-3701About this data
Cite as: Cookie Fines. PRA IBERIA, S.L. - Spain (2021). Retrieved from cookiefines.eu
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