Jamk University of Applied Sciences – €25,000 Fine (Finland, 2021)

€25,000DPA Tietosuojavaltuutetu5 July 2021Finland
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.

Jamk University of Applied Sciences in Finland was fined €25,000 for requiring employees to share their location data to use a work app. This matters because collecting unnecessary data can breach privacy laws. The Finnish data protection authority found that the university's practice violated the principle of data minimization.

What happened

Jamk University of Applied Sciences required employees to enable location data on a work app without a valid necessity.

Who was affected

Employees using a mobile app to log their working hours were affected by the unnecessary collection of their location data.

What the authority found

The Finnish data protection authority concluded that the collection of location data was unnecessary for the app's purpose, violating GDPR's data minimization requirement.

Why this matters

This ruling highlights that consent alone is not enough if data collection is not necessary. Organizations should ensure their data practices align with privacy laws to avoid penalties.

GDPR Articles Cited

Art. 6 GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 83 GDPR
Art. 58(2)(f) GDPR

National Law Articles

§ 3 Act on the Protection of Privacy in Working Life
Full Legal Summary
Detailed

The Finnish DPA was notified that Jamk University of Applied Sciences (the controller) unnecessarily processed the location data of its employees. The DPA then asked the controller to explain the purpose for which it processed the location data of its employees. In response to the request, the controller clarified that it used a third-party mobile application that allowed remote employees to record their working hours. The controller explained that the use of the app also required location data to be enabled by default. The controller emphasised that it did not actively use the location data, but only processed it for system technical reasons. The controller also stated that the use of the app was voluntary. If the employee had chosen to use the app, the processing was based on the data subject's consent. The controller noted that the use of the app was also in compliance with [https://www.finlex.fi/fi/laki/ajantasa/2004/20040759#L2P3 Section 3 of the Finnish Act on the Protection of Privacy in Working Life], according to which the employer may only process personal data that is directly necessary for the employee's employment relationship. On the basis of the information provided by the controller, the DPA considered that the mere fact that the app does not allow the recording of working hours without processing location data did not make the processing necessary. The DPA noted that it was possible to record working hours without processing location data. The DPA also emphasised that according to [https://www.finlex.fi/fi/laki/ajantasa/2004/20040759#L2P3 Section 3 of the Finnish Act on the Protection of Privacy in Working Life], no exceptions to the necessity requirement can be made, even with the consent of the employee. The DPA found that consent does not override the necessity requirement under the Finnish Act on the Protection of Privacy in Working Life. Therefore, the data subject's consent cannot serve as a legal basis for collecting unnecessary personal da

Related Enforcement Actions (0)

No other enforcement actions found for Jamk University of Applied Sciences in FI

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

Details

Fine Date

5 July 2021

Authority

DPA Tietosuojavaltuutetu

Fine Amount

€25,000

GDPRhub ID

gdprhub-7835

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Jamk University of Applied Sciences - Finland (2021). Retrieved from cookiefines.eu

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