Summary Final Decision Art 60
Complaint
No violation
Background information
Date of final decision: 10 May 2019
LSA: LU
CSAs: AT, BE, CY, CZ, DE – Berlin, DE – Lower Saxony, DE – Rhineland-Palatinate, DE- Bavaria (Private sector), DE – Mecklenburg-Western Pomerania, DK, ES, FI, FR, IE, IT, PL, SE, SK, NO
Legal Reference: Right of access by the data subject (Article 15), Transparent information,communication and modalities for the exercise of the rights of the data subject (Article 12)
Decision: No infringement
Key words: Right of access, exercise of the rights of the data subject, e-commerce
Summary of the Decision
Origin of the case
The complainant requested access to his personal data held by the controller because his national ID number, his address and his IP had been blocked by the controller’s platform and he was thus unable to use its services. He wanted to know the reason and thus requested access to his data.
Findings
The controller demonstrated that it had provided the complainant with access to the data concerning him and his seller account. The controller provided the relevant communication to the LSA and it also clarified that the blockage of the complainant’s information was due to a violation of the controller’s selling policies. The controller also explained that it had granted the complainant the right to appeal the blockage, but instead he tried to circumvent the decision by opening new seller accounts, which were blocked. However, the controller allowed him to create a customer account.
Decision
The LSA found that there had been no violation of the GDPR, since the controller had granted the complainant the right to access to his data. The LSA and the CSA agreed to close the cross-border complaint, since no further action is required.
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