UAB VS FITNESS – €20,000 Fine (Lithuania, 2021)

€20,000Valstybine duomenu apsaugos inspekcija21 June 2021Lithuania
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.

UAB VS FITNESS required customers to scan their fingerprints to use its services, which led to a fine for violating privacy rules. This matters because it shows that companies must obtain valid consent when processing sensitive personal data. The €20,000 fine underscores the need for proper data handling practices.

What happened

UAB VS FITNESS required fingerprint scanning from customers and employees without obtaining valid consent.

Who was affected

Customers and employees whose biometric data was processed by the sports club were affected.

What the authority found

The Lithuanian data protection authority ruled that UAB VS FITNESS violated multiple privacy provisions, including the requirement for valid consent.

Why this matters

This case sets a precedent for how sensitive data, like biometric information, must be handled. Companies should review their consent processes and ensure they meet legal requirements to avoid significant fines.

GDPR Articles Cited

Art. 30 GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 9(1) GDPR
Art. 13(1) GDPR
Art. 13(2) GDPR
Art. 35(1) GDPR
Full Legal Summary
Detailed

The Lithuanian DPA ('VDAI') received a complaint stating that in order to use the services of a sports club (UAB VS FITNESS), fingerprint scanning is required. It then initiated an own volition investigation of a possible breach of the GDPR. The VDAI found that the sports club had violated the following GDPR provisions: * It violated Article 9(1) GDPR by processing the biometric data of customers, which is special category data. The sports club had attempted to rely on the consent exception, outlined at Article 9(2), that special category data may be processed where the data subject provides their consent. However, the VDAI found that consent collected from customers did not satisfy the requirements for valid consent established in the GDPR. In particular, since consent to the biometric system was not voluntary, it was not freely given; * The processing of employees' fingerprints was also in breach of Article 9(1) GDPR, as the club had again attempted to rely on consent as a basis for processing. The VDAI highlighted that employee consent is generally considered invalid due to the power imbalance with an employer. Moreover, the club did not specify the purpose and legal basis of the processing of employee data, nor had it demonstrated the necessity and proportionality of this processing, in violation of Article 5(1)(c) GDPR; * It violated Article 13(1) and (1) GDPR, and Article 5(1) GDPR by failing to adequately inform data subject's about the processing of their data; * It failed to perform an assessment of the impact of the processing of biometric data, in violation of Article 35(1) GDPR; * It did not manage a record of its processing activities, in violation of Article 30 GDPR. It thus issued a fine of €20,000. In determining the fine, the VDAI took into account: * The processing of special categories of personal data; * That Improper exercise of data subject's right to be informed falls into a category of more serious infringements under Article

Related Enforcement Actions (0)

No other enforcement actions found for UAB VS FITNESS in LT

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

Details

Fine Date

21 June 2021

Authority

Valstybine duomenu apsaugos inspekcija

Fine Amount

€20,000

Enforcement Tracker ID

ETid-732

GDPRhub ID

gdprhub-3610

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. UAB VS FITNESS - Lithuania (2021). Retrieved from cookiefines.eu

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