publishable_be_2019-01_rightofaccessandtoerasure_summarypublic.pdf

Summary Final Decision Art 60
Complaint

Compliance order to controller

Background information
Date of final decision: 29 January 2019
LSA: BE
CSAs: DE (Rhineland-Palatinate), FR
Legal Reference: Right of Access (Article 15), Right to erasure (Article 17), Transparent information, communication and modalities for the exercise of the rights of the data subjects (Article 12)

Decision: Compliance order to controller
Key words: Data subject rights, Right of access, right to erasure, transparency

Summary of the Decision
Origin of the case
The complainant requested that the controller shall grant his right to access and following this, grant the right to erasure. The complainant did not receive any reply at all until the date of the complaint, despite the obligation provided in Article 12.3 GDPR, according to which the controller shall inform the data subject about the follow-up of the request within one month since the receipt thereof.

Findings
So far, the controller has not reacted to the initial request for the exercise of the right of access and the right to erasure.

Decision
The SA issued a data subject rights compliance order to the controller on the Right to Access and following this the Right of Erasure.


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Please see the original file for the official wording at
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de_berlin_2019-08_righttoobjectandrighttoerasure_summarypublic.pdf

Summary Final Decision Art 60
Complaint

Reprimand to controller

Background information
Date of final decision: 12 September 2018
LSA: DE – Berlin
CSAs: AT, DE – Bavaria (priv), DE – Mecklenburg-Western Pomerania, DE – Saarland, DE – Hesse, DE – Lower Saxony, DK, ES, FR, SE

Controller: Just Fabulous GmbH
Legal Reference: Right to erasure (Art 17)

Decision: Reprimand to Controller
Key words: Right to Erasure, e-commerce, Data Subject Rights not respected, Reprimand

Summary of the DecisionRight to Erasure, e-commerce, Data Subject Rights not respected, Reprimand

Origin of the case
Complainant requested deletion of personal data to the controller on 11 January 2018 and received a confirmation of the deletion on 15 January 2018. Despite this, s/he received e-mails on the 1 June (“Updating our data protection guidelines”) and 16 June 2018 (“Your feedback is important to us”) from the controller.

Findings
The controller did not fulfil its obligation under Article 17 para. 1 letter a GDPR. Controller showed understanding and announced that it would comply with GDPR and put an end to the reprimanded conduct.

Decision
Considering the specific circumstances a reprimand was considered appropriate.


This text has been converted automatically from the PDF available via
https://edpb.europa.eu/our-work-tools/consistency-findings/register-for-article-60-final-decisions_en
using Apache Tika to allow for a better search. This might result in some characters being mangled.
Please see the original file for the official wording at
https://edpb.europa.eu/sites/edpb/files/article-60-final-decisions/summary/de_berlin_2019-08_righttoobjectandrighttoerasure_summarypublic.pdf

Please see also EDPB Copyright page