Fine for the infringement of GDPR
The National Supervisory Authority has completed an investigation at the controller S.C. Viva Credit IFN S.A. and found that if infringed Article 12 paragraphs (3) and (4) of the General Data Protection Regulation, by reference to Article 17 of the same Regulation.
The controller S.C. Viva Credit IFN S.A. was sanctioned with a fine in the amount of 9,680 lei, the equivalent of 2.000 euros.
The investigation took place as a result of a complaint claiming that the controller did not handle the petitioner’s request by which he exercises his right to erasure of data, pursuant to Article 17 of the General Data Protection Regulation.
Also, the controller did not provide the applicant with information on the actions taken following his request within a maximum of one month (or a maximum of 3 months, by stating the reasons for the delay) at his home address or contact address (e-mail), available in its records.
Thus, the controller S.C. Viva Credit IFN S.A. violated the provisions of Article 12 paragraphs (3) and (4), by reference to Article 17 of the General Data Protection Regulation.
Pursuant to Article 12 paragraph (3), the controller has the obligation to provide an answer to the requests of the data subject without undue delay and at the latest within one month from the receipt of the request, and pursuant to paragraph (4) of the same article “if it does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.”
At the same time, a corrective measure was also applied to the controller S.C. Viva Credit IFN S.A., based on the provisions of Article 58 paragraph (2) letter d) of the General Data Protection Regulation, by which is obliged to send a reply, within 5 working days from the communication of the investigation minutes, to the request submitted by the petitioner.