Background information
Date of final decision: 1st December 2021
Cross-border case or national case: National case
Controller: Pactum Poland Sp. z o.o.
Legal Reference: Cooperation with the supervisory authority (Art. 31), Powers (Art. 58 (1)(e))
Decision: infringement of GDPR, fine issued
Key words: investigative powers, lack of cooperation, access to information
Summary of the Decision
Origin of the case
In order to determine the facts of the case initiated by the complaint, the Polish DPA requested the Company to respond to the content of the complaint and to answer detailed questions regarding the case. The DPA sent four requests to the Company and the Company accepted only one of them but did not reply.
Key Finding
The responsibility for failing to provide the information requested by the Polish DPA rests with the controller, in this case the Company. In the opinion of the Authority, the Company's failure to answer the questions included in the letter received by the Company, as well as its failure to accept other requests, indicate a lack of will to cooperate in determining the facts of the case and its proper resolution. Meanwhile, the Company's behaviour in the form of failure to provide explanations necessary for the handling of the case constitutes a breach of the obligation to provide the supervisory authority with access to information. Such action not only hinders a thorough examination of the case, but also results in an excessive and unjustified prolongation of the proceedings.
Decision
Disregarding the obligations related to cooperation with the Polish DPA constitutes a breach of great gravity and as such is subject to financial sanctions. Therefore, in this case, the supervisory authority imposed an administrative fine of approx. PLN 18,000 (EUR 4,000), which will not only be effective, proportionate and dissuasive in this individual case, but will also be a signal for other entities about the importance of cooperation with the Polish DPA.
For further information (decision in national language): https://www.uodo.gov.pl/decyzje/DKE.561.16.2021
The news published here does not constitute official EDPB communication, nor an EDPB endorsement. This news item was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. Any questions regarding this news item should be directed to the supervisory authority concerned.