- Date of final decision: 17 February 2023
- Cross-border case or national case: National case
- Controller: Suomen Asiakastieto Oy
- Legal Reference: Non-compliance with an order by the supervisory authority (Article 83(6))
- Decision: Administrative fine
- Key words: payment default information
Summary of the Decision
Origin of the case
In 2021, the Finnish SA investigated the controller’s processing of payment default information based on final decisions. The Finnish SA found that information based on decisions issued in civil cases should not have been stored as payment default entries. The Finnish SA ordered the controller to rectify its practices in registering payment default entries based on final decisions and to erase all inaccurate payment default entries which had resulted from such practices. The controller did not appeal the decision.
The Finnish SA contacted the controller in January 2023 for sanction assessment. The controller stated that it had interpreted the SA’s order incorrectly and had now erased all payment default entries based on final decisions from its register.
The SA finds that the controller has consciously decided not to comply with the SA’s order. The inaccurate payment default entries could have been erased because the Legal Register Centre discloses payment default information based on final decisions to the controller in the format in which they are saved in the register of court decisions. Decisions can be retrieved from the register for 10 years from their date of issue.
The Finnish SA imposed an administrative fine on 440,000 EUR on the controller for failing to erase inaccurate payment default entries saved into the credit information register due to inadequate practices. The SA pointed out that a payment default entry has a significant impact on the rights and freedoms of an individual.
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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.