IBERMUTUA MUTUA COLABORADORA CON LA SEGURIDAD SOCIAL Nº 274 – €1,000,000 Fine (Spain, 2025)

The controller, Ibermurta, is an insurance company and partner of the Spanish Social Security System. They digitize and facilitate the management of queries and complaints related to the eligibility of workers in companies using the platform for economic benefits when they fall ill. In July 2024, a weekly email sent by the controller contained a coding error and as a result additional attachments were inadvertently included in emails being sent to partner companies. The personal data of 3,395 data subjects (including special category data), all employees of partner companies, was sent to a total of 354 recipient partner companies. The personal data was comprised of: name and surname, tax identification number, social security number, age, sick leave status, date of employment, date of leaving, number of sick days taken, employee’s company, reason for sick leave, expected number of days sick leave to be taken, total cost of the process, National Occupational Code of the employee, the employee’s eligibility for the financial benefit, whether the illness was due to a work accident, whether the illness was due to a traffic accident, and the sex of each employee. Eight complaints were filed with the Spanish DPA (AEPD) by data subjects between August and September 2024. The DPA found that the controller had infringed Article 5(1)(f) GDPR. This principle requires that personal data is processed in a manner which ensures its security. In doing so, the DPA highlighted the large number of email that were sent by the controller (~250,000 per month) and was critical of the lack of corresponding security measures. The DPA noted that both the volume of emails being sent and the sensitivity of the personal data in question warranted control mechanisms to prevent or detect errors in the configuration of the sending procedure for emails. The DPA considered the infringement to be of a serious nature, considering both the large number of data subjects involved in the breach, as