The Danish Data Protection Authority considers that in a case on the right of access, the Danish recruitment company JobTeam has not met the basic requirements of the General Data Protection Regulation (GDPR) that personal data must be processed lawfully, fairly and transparently.
JobTeam has been reported to the police and a fine of DKK 50.000 has been proposed. The company had erased personal data subject to the access request of a data subject during the period after the request was submitted and prior to the company's reply. The Data Protection Authority became aware of the case on the basis of a complaint.
Good data processing
‘Where a controller deletes information on the individual directly linked to the failure to meet an access request, the controller unlawfully denies the possibility of a review of the right of access by the data by the Data Protection Authority and the Courts. This is a violation of the citizen’s fundamental rights and is not an example of good data processing,” says Astrid Mavrogenis, Head of Unit in the Danish Data Protection Authority.
The Data Protection Agency has decided to report JobTeam to the police and recommended that the company should pay a fine.
It is the view of the Danish Data Protection Agency that a breach of the fundamental principles of the regulation concerning processing security for an company in a case such as the one in question cannot, in principle, be penalised by a fine lower than DKK 50.000, if the basic requirement of effective and dissuasive penalties laid down by the regulation must be complied with at the same time. At the same time, when setting the amount of the fine, the Authority emphasises that the fine must be proportionate.
In most European countries, national data protection authorities can issue administrative fines themselves, but the rules are different in, inter alia, Denmark.
After having clarified and assessed the case, the Data Protection Authority (DPA) reports the data controller to the police. The police then considers whether there are grounds for bringing a charge, and finally any financial penalty will be decided by a court.
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