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Norway · Geography does not establish applicable law.
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Bodø Kommunale Pensjonskasse (BKP) – Violation Found (Norway, 2020)

Violation Found
Datatilsynet (Norway)21 August 2020Norway
final
Violation Found

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Bodø Kommunale Pensjonskasse was found to have mishandled sensitive personal data, including health information. The authority discovered that the pension fund shared this data without a proper legal reason. This case emphasizes the need for strict data handling practices.

What happened

Bodø Kommunale Pensjonskasse processed and shared sensitive personal data without a valid legal basis.

Who was affected

Customers of Bodø Kommunale Pensjonskasse whose sensitive personal data was improperly processed and shared.

What the authority found

The Norwegian data protection authority found that the pension fund violated GDPR by processing personal data without a legal basis.

Why this matters

This ruling serves as a reminder for companies to ensure they have a valid reason for processing sensitive data. Organizations should review their data handling practices to avoid similar issues.

Recorded legal citations
Automatically processed
Art. 2 GDPR
Art. 5 GDPR
Art. 6 GDPR
Art. 9 GDPR
Art. 4(1) GDPR
Art. 57 GDPR
Art. 58(2)(b) GDPR
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Art. 2(GDPR)
Art. 4(1) GDPR
Art. 5(GDPR)
Art. 6(GDPR)
Art. 9(GDPR)
Art. 57(GDPR)
Art. 58(2)(b) GDPR

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

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Full Legal Summary
Detailed

The Datatilsynet received a notification that Bodø Kommunale Pensjonskasse (BKP), a Norwegian pension fund, would obtain unnecessary medical certificates, lack control over archives and share special categories of personal data with third parties. Based on this notification, the Datatilsynet started an independent investigation in November 2019. The Datatilsynet found two violation of Article 6 and 9 GDPR in that the BKP *has processed special categories of personal data in statistics that do not appear to be necessary and *has transferred special categories of personal data to Bodø Municipality without a legal basis und Article 6 and 9 GDPR. In essence, the Datatilsynet considered it very problematic that the BKP had a practice of creating statistics, that still contained personal data of the BKP's customers under Article 4(1) GDPR. These statistics even included health data which qualify as a special category of personal data under Article 9(1) GDPR. The Datatilsynet considered, that such processing might be based on Article 6(1)(f) GDPR (legitimate interest) and - regarding health data - on Article 9(2)b) GDPR (fulfilling obligations under social security law). However, the Datatilsynet was not convinced that statistics containing personal data were truly necessary and whether the BKP could not have compiled the statistics in a manner that would result in anonymised data. With regard to the transmission of this statistics that still contained personal data to Bodø Municipality , the Datatilsynet held that there is no legal basis under Article 6 and 9 GDPR and that such processing should be stopped. The alleged obtaining of unnecessary medical certificates in order to assess a person's entitlement to a disability pension was not considered to amount to a GDPR violation as these certificates might indeed be necessary for purpose achievement. Regarding the access of the BKP's board to data about the BKP's customers (e.g. gender, year of birth, position, informatio

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for Bodø Kommunale Pensjonskasse (BKP) in NO

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

Details

Decision Date

21 August 2020

Authority

Datatilsynet (Norway)

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Bodø Kommunale Pensjonskasse (BKP) - Norway (2020). Retrieved from cookiefines.eu

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