Det Konservative Folkeparti (The Conservative People's Party) – Violation Found (Denmark, 2021)

Violation Found
Datatilsynet (Denmark)22 December 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.

Denmark's Data Protection Authority found that the Conservative People's Party didn't properly inform people about how their personal data was used in election campaign letters. Although they had a legal reason to use the data, they failed to provide required information directly to the recipients. This case shows that even publicly available data needs clear communication about its use.

What happened

The Conservative People's Party sent campaign letters without directly informing recipients about data use, violating GDPR information requirements.

Who was affected

Households that received election campaign letters from the Conservative People's Party without proper data use information.

What the authority found

The Danish DPA reprimanded the party for not meeting GDPR's information obligations, as they didn't directly inform recipients about data processing.

Why this matters

This case underscores the need for organizations to directly communicate data use information to individuals, even when using publicly available data. It serves as a reminder to ensure transparency in data processing activities.

GDPR Articles Cited

Art. 6(1)(f) GDPR
Art. 14(1) GDPR
Art. 14(2) GDPR
Full Legal Summary
Detailed

Controller is the Conservative People's Party. They had sent letters to a certain number of households in connection with an election campaign. The names and addresses of the recipients had been obtained from information that was publicly available, and information about voting habits in different areas had been gathered through statistical analyses. The letters, however, did not contain the information as listed in Article 14(1) and Article 14(2) GDPR. Instead, the controller had published an page on its website, on which they had provided this information. After having been notified by multiple data subjects, the Danish DPA decided to investigate the Conservative People's Party's actions, and whether they were in accordance with the GDPR. First, the DPA assessed whether the controller had legal basis for the processing of personal data. The DPA held that the Party had a legitimate interest in using the personal data for campaigning purposes, and that the use of such publicly available information was not particularly invasive to the data subjects' privacy. The controller, therefore, had legal basis for the processing, namely Article 6(1)(f) GDPR. The DPA then assessed whether the Party had acted in accordance with the information obligations in Article 14 GDPR. First, the DPA stated that, contrary to the opinion of the controller, the exception laid down in Article 14(5)(c) GDPR was not applicable "since the processing of information in connection with the sending of letters on the party's main issues is not expressly provided for by law". Second the DPA held that the information could not be considered "given to the data subject" when the data subject would have to find the information on the website by themself. Hence, the DPA reprimanded the controller for violating Article 14 GDPR.

Outcome

Violation Found

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

Related Enforcement Actions (0)

No other enforcement actions found for Det Konservative Folkeparti (The Conservative People's Party) in DK

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

Details

Decision Date

22 December 2021

Authority

Datatilsynet (Denmark)

GDPRhub ID

gdprhub-4528

About this data

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

Cite as: Cookie Fines. Det Konservative Folkeparti (The Conservative People's Party) - Denmark (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: