Germany
Allgemeine Ortskrankenkasse ("AOK") (health insurance company)
GDPR enforcement action by Data Protection Authority of Baden-Wuerttemberg on 2020-06-30.
Case details
- Authority
- Data Protection Authority of Baden-Wuerttemberg
- Date
- 2020-06-30
- Controller / Processor
- Allgemeine Ortskrankenkasse ("AOK") (health insurance company)
- Sector
- Finance, Insurance and Consulting
- Quoted Articles
- Art. 5 GDPR, Art. 6 GDPR, Art. 32 GDPR
- Type of violation
- Insufficient technical and organisational measures to ensure information security
Summary
From 2015 to 2019, AOK Baden-Württemberg (insurance organization) organized competitions on various occasions and collected personal data of the participants, including their contact details and health insurance affiliation. The AOK also wanted to use this data for advertising purposes, provided the participants had given their consent. With the help of technical and organizational measures, including internal guidelines and data protection training, the AOK wanted to ensure that only data of those contest participants who had previously given their effective consent would be used for advertising purposes. However, the measures defined by the AOK did not meet the legal requirements. As a result, the personal data of more than 500 lottery participants were used for advertising purposes without their consent. Immediately after this became known, the AOK Baden-Württemberg stopped all marketing measures in order to thoroughly examine all processes.
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