publishable_de-berlin_2019-08_right_of_access_summarypublic.pdf

Summary Final Decision Art 60
Complaint

No infringement of the GDPR

Background information
Date of final decision: 3 September 2019
LSA: DE-Berlin
CSAs: AT, BE, CY, DE-Lower Saxony, DE-Saarland, DK, ES, FI, FR, HU, IT, NO, PL, SK
Controller: MZ Denmark GmbH (Mozilla)
Legal Reference: Transparency (Article 12), Information to be provided where personal data are collected from the data subject (Article 13), Information to be provided where personal data have not been obtained from the data subject (Article 14), Right of access (Article 15)

Decision: No infringement of the GDPR
Key words: Right of access, Transparency and Information

Summary of the Decision
Origin of the case
The complainant requested to have access to his information without having to send a postal request to the controller’s address in the United States. No other contact options such as an email address or web form were listed in the controller’s privacy policy.

Findings
The controller communicated to the LSA that, due to a human error, the email address was not included in the privacy policy. This error was immediately rectified following the correspondence with the LSA. The controller also created a portal for enquiries from data subjects. A link to this portal was integrated in the privacy policy.

Decision
The LSA did not find it necessary to establish whether an infringement had taken place, as the controller had complied with his obligations under the GDPR.
Furthermore, the LSA was informed by the SA receiving the complaint that the complainant had withdrawn his complaint.

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