- Date of final decision: March 16th , 2023
- Cross-border case or national case: Cross-border case
- LSA: France
- CSAs: Spain, Italy
- Controller: Cityscoot
- Legal Reference: Data minimisation (article 5.1.c of the GDPR), Contractual framework between the controller and processors (article 28.3 of the GDPR), Inform and collect user consent before writing and reading information on electronic devices (article 82 of the French Data Protection Act)
- Decision: Infringement of the GDPR, Infringement of the French Data Protection Act, Administrative fine
- Key words: Data minimisation, Data processors
Summary of the Decision
Origin of the case
In 2020, the CNIL partly focused its investigations on several priority thematic areas related to the everyday concerns of the French, including geolocation for local services. In this context, the CNIL carried out investigations on the company CITYSCOOT, which rents scooters for a short period.
- Failure to comply with the obligation to ensure data minimisation (Article 5.1.c of the GDPR)
- Failure to comply with the obligation to provide a contractual framework for the processing operations carried out by a processor (Article 28.3 of the GDPR)
- Failure to inform the user and obtain his or her consent before writing and reading information on his or her personal device (Article 82 of the French Data Protection Act)
On the basis of these findings, the restricted committee – the CNIL's body responsible for issuing sanctions – imposed a fine of €125,000 on CITYSCOOT, which was made public. This decision was taken in cooperation with the Spanish and Italian data protection authorities, as CITYSCOOT also offers these services in these countries.
For further information:
- FR : https://www.cnil.fr/fr/geolocalisation-de-scooters-de-location-sanction-de-125-000-euros-lencontre-de-cityscoot
- EN : https://www.cnil.fr/en/geolocation-rental-scooters-cityscoot-fined-eu125000
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