Unknown Company
GDPR enforcement action by Hungarian National Authority for Data Protection and the Freedom of Information (NAIH) on 2019-12-11.
Case details
- Authority
- Hungarian National Authority for Data Protection and the Freedom of Information (NAIH)
- Date
- 2019-12-11
- Controller / Processor
- Unknown Company
- Sector
- Employment
- Quoted Articles
- Art. 5 GDPR, Art. 6 GDPR, Art. 13 GDPR, Art. 24 GDPR, Art. 25 GDPR
- Type of violation
- Non-compliance with general data processing principles
Summary
The employer restored the mailbox of a director who had left the company a year before and found an email containing a work-related document. The director received no warning that his former inbox would be activated and did not have a chance to copy / delete his private data (passwords and financial information). According to NAIH, an employee or a representative should be present when the employee's data is being accessed, even if the employment has been terminated. Employees should be able to request a copy or the deletion of their private data. Employers must record the access with minutes and photos; when the employee cannot be present, then in the presence of independent witnesses. Employers must adopt internal policies on archiving and the use of IT assets and e-mail accounts, including procedural rules such as the steps of an inspection and the officials authorised to carry it out.