The Danish Customs and Tax Administration – Violation Found (Denmark, 2021)

Violation Found
Datatilsynet (Denmark)22 September 2021Denmark
final
Violation Found

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.

The Danish Data Protection Authority criticized the Customs and Tax Administration for mishandling a data breach. They failed to promptly inform the affected person about their data being sent to the wrong recipient. This case underscores the importance of timely communication in data breach situations.

What happened

The Danish Customs and Tax Administration delayed notifying a person about their data being sent to the wrong recipient.

Who was affected

The person whose identification, financial information, and social security number were sent to the wrong recipient.

What the authority found

The Danish DPA criticized the administration for not promptly informing the affected person, violating GDPR rules.

Why this matters

This case highlights the necessity of quick and accurate communication during data breaches. Organizations must ensure timely notifications to affected individuals, regardless of internal challenges like vacation periods.

GDPR Articles Cited

Art. 34(1) GDPR
Full Legal Summary
Detailed

On 12 July 2021, the Danish Customs and Tax Administration (CTA) reported a personal data breach to the Danish DPA (Datatilsynet). The CTA had sent a letter containing the personal data (of someone else) in the form of identification data, financial information and social security number, to the wrong recipient. The CTA knew already on 8 July that a breach had possibly occured, because the incorrect recipient made them aware. After the CTA's internal investigation, they concluded on 9 July that a personal data breach had indeed happened. From the report to the DPA, the CTA stated that the affected data subject was informed on 10 July. Because of the information they had provided, the DPA closed the matter on 23 July. However, on 20 August the DPA received a follow-up from the CTA, stating that they had not, in fact, informed the affected data subject on 10 July, as the initially reported, but on 18 August. The CTA explained that their late follow-up was due to the vacation period. Because of the new information, the DPA decided to reopen the case. The DPA held that the Customs and Tax Administration had not processed personal data in line with Article 34(1) GDPR. They expressed serious criticism of the way the CTA had dealt with the personal data breach, in particular i) that the CTA first, incorrectly, reported to the DPA that they had notified the affected data subject shortly after, and ii) that they blamed their late response on "extraordinary circumstances" due to vacation period, which the DPA does not agree is a valid excuse.

Outcome

Violation Found

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

Related Enforcement Actions (0)

No other enforcement actions found for The Danish Customs and Tax Administration in DK

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

Details

Decision Date

22 September 2021

Authority

Datatilsynet (Denmark)

GDPRhub ID

gdprhub-4111

About this data

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

Cite as: Cookie Fines. The Danish Customs and Tax Administration - Denmark (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: