Infotv – €1,250 Fine (Hungary, 2022)

€1,250Nemzeti Adatvédelmi és Információszabadság Hatóság11 July 2022Hungary
final
Fine

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.

Infotv was fined for sending unwanted marketing emails and failing to delete users' data upon request. The Hungarian authority found that Infotv misled users about the legal basis for processing their data. This case highlights the importance of clear privacy policies and respecting user requests.

What happened

Infotv sent unsolicited marketing emails and did not delete users' data when requested.

Who was affected

People who received unwanted emails from Infotv and requested their data be deleted.

What the authority found

The Hungarian authority found Infotv violated GDPR by misleading users about data processing and ignoring deletion requests.

Why this matters

This case stresses the need for businesses to have transparent privacy policies and to act on user data requests. It serves as a warning to companies that ignoring such requests can lead to fines.

GDPR Articles Cited

Art. 5(2) GDPR
Art. 6(1) GDPR
Art. 7(1) GDPR
Art. 12(1) GDPR
Art. 12(2) GDPR
Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 15(1) GDPR
Art. 17(1) GDPR
Full Legal Summary
Detailed

Two data subjects received unsolicited commercial emails from a hotel booking website (the controller). They objected to the processing of their personal data for direct marketing purposes and requested their email address to be deleted form the controller's register. However, the controller did not comply with the request and continued sending unsolicited emails. The same happened to the second data subject. Additionally, one of the data subjects submitted an access request to the controller but did not receive a response. Both data subjects filed a complaint with the Hungarian DPA. The DPA initiated an investigation, trying to contact the controller several times. After not receiving any reply, the DPA started sanctioning proceedings. During the proceedings, the controller argued that it was not aware of the data protection aspect of its activity and only considered it "simple advertising". Moreover, the controller stated that it had given instructions to delete the data from the mailing list, but an error occurred, as a result of which the personal data was still in the register. Furthermore, according to the controller, once the error was remedied, the data subjects were orally informed by a phonecall about the deletion of their data. The DPA held that the controller provided misleading information in its privacy policy. Although the controller claimed that the legal basis for processing personal data in relation to newsletters and marketing was consent under Article 6(1)(a) GDPR, the privacy policy mentioned the legitimate interest of the controller. Hence, it confused the data subjects, as to which legal basis was actually used. Moreover, the privacy policy did not expressly mention the purposes of processing personal data. Therefore, the DPA found a violation of Article 12(1) GDPR as the data subjects were not clearly informed of the purposes and the legal basis for processing. Additionally, the DPA established a violation of Article 6(1) GDPR because

Related Enforcement Actions (0)

No other enforcement actions found for Infotv in HU

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

Details

Fine Date

11 July 2022

Authority

Nemzeti Adatvédelmi és Információszabadság Hatóság

Fine Amount

€1,250

500,000 HUF

GDPRhub ID

gdprhub-5495

About this data

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

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