Íslensk erfðagreining – Violation Found (Iceland, 2022)

Violation Found
Persónuvernd29 June 2022Iceland
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 Icelandic DPA found that a genetic research company did not ensure its Data Protection Officer (DPO) was independent, as the DPO also held other roles that could cause conflicts of interest. The company was instructed to fix this issue but was not fined. This case shows the importance of maintaining DPO independence in organizations.

What happened

The Icelandic DPA found conflicts of interest in the roles held by the company's Data Protection Officer.

Who was affected

The company and its Data Protection Officer were affected by the investigation.

What the authority found

The DPA concluded that the company's DPO roles led to a conflict of interest, violating GDPR's requirement for DPO independence.

Why this matters

This case highlights the necessity for companies to ensure their DPOs are free from conflicting roles, reinforcing the importance of DPO independence for GDPR compliance. Organizations should carefully assess and structure DPO roles to avoid similar issues.

GDPR Articles Cited

Full Legal Summary
Detailed

The Icelandic DPA started an investigation into a genetic research company. More specifically, to assess the company's Data Protection Officer (DPO), as well as the performance of the DPO's tasks. The DPA requested information from the company to determine if and how the company's DPO was compatible with Article 38 GDPR. The DPA stated that the decision to investigate the DPO was made with the intention of ensuring compliance, not because it assumed the requirements of the GDPR were not being followed. The DPA wrote two letters, but the company did not respond to any of them within the prescribed deadlines. After a phone call, the DPA received a response almost two months after the first letter had been sent. After reviewing the responses from the controller, the Icelandic DPA concluded that there were no violations in relation to the obligations to appoint a DPO (Article 37), to involve the DPO in relevant matters (Article 38(1)), and to provide the DPO with the necessary resources (Article 38(2)). However, the DPA held that the controller violated the obligation to ensure the DPO's independence pursuant to Article 38(3). The acting DPO at the time of the investigation also held the position of deputy CEO, senior lawyer and board member. The DPA held that that could lead to a conflict of interest. The current DPO also held the position of senior lawyer. The DPA held that this also constituted a conflict of interest. The DPA instructed the controller to ensure that the acting DPO would not be responsible for other tasks and duties that may lead to a conflict of interest. The DPA further noted that the despite the delayed answers, it would not impose a fine, taking into account the fact that the information was eventually received as well as the COVID-19 outbreak.

Outcome

Violation Found

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

Related Enforcement Actions (0)

No other enforcement actions found for Íslensk erfðagreining in IS

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

Details

Decision Date

29 June 2022

Authority

Persónuvernd

GDPRhub ID

gdprhub-5224

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Íslensk erfðagreining - Iceland (2022). Retrieved from cookiefines.eu

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