Private company working with data from publicly available sources

Summary

The fine concerned the proceedings related to the activity of a company which processed the data subjects’ data obtained from publicly available sources, inter alia from the Central Electronic Register and Information on Economic Activity, and processed the data for commercial purposes. The authority verified incompliance with the information obligation in relation to natural persons conducting business activity – entrepreneurs who are currently conducting such activity or have suspended it, as well as entrepreneurs who conducted such activity in the past. The controller fulfilled the information obligation by providing the information required under Art. 14 (1) – (3) of the GDPR only in relation to the persons whose e-mail addresses it had at its disposal. In case of the remaining persons the controller failed to comply with the information obligation – as it explained in the course of the proceedings – due to high operational costs. Therefore, it presented the information clause only on its website. According to the UODO this is not sufficient.

Addendum: In the meantime, the court has cancelled the fine due to procedural errors. The amount of the fine has to be determined by the concrete number of data records concerned. However, the Office had not submitted any verifiable evidence in this regard, but had simply assumed that 6 million data sets were involved, which the data controller had denied. Therefore, important statements were missing. In particular, it was incorrect to justify the amount of the fine on the basis of general preventive considerations. Art. 58 GDPR expressly states that a fine imposed must be related to the specific facts of the case. The Polish data protection authority has already announced that the fine will be revised in a new administrative procedure.