The National Supervisory Authority for Personal Data Processing, chaired by the president Mrs. Anca Opre, imposed a fine of an amount of 5.000 lei to Equity Invest S.A. for the illegal processing of personal data, based on Article 32 of Law no. 677/2001.
Thus, within the investigation carried out it was ascertained that the data controller send more unsolicited commercial messages to two natural persons, without their consent and without observing their expressed request to delete their personal data from the evidence of the company. In this way, the right to object of those persons, established by Article 15 of Law no. 677/2001 was infringed.
We underline that any data subject has the right to object at any moment, based on justified and legitimate reasons linked to his particular situation, to a processing of data regarding him/her, unless there are contrary specific legal provisions. In case of justified opposition, the processing may no longer concern the respective data.
Moreover, the respective person has the right to object at any moment, free of charge and without any justification, to the processing of the data concerning his/her person for overt marketing purposes on behalf of the controller or of a third party, or to be disclosed to a third party for such a purpose.
For the complete information of the public, we state that, in order to exercise the rights of access, of intervention or to object guaranteed by Law no. 677/2001, that data subject has the possibility to address the data controller (from public or private sector) a written, dated and signed request, to which the latter one has the obligation to answer within 15 days.
In the situation in which, after the fulfillment of 15 days, no answer is received or the request was not solved, the data subject may submit a complaint to the Supervisory Authority. The complaint must be accompanied by the proof of the fact that the data subject addressed first to the data controller. In this way, on the website of our institution, www.dataprotection.ro, at the address http://www.dataprotection.ro/index.jsp?page=Modele_Plangere_eng you can find the complaint templates.
Legal and Communication Department