Director Daiga Avdejanova of the State Data Inspectorate (SDI) informed the public about the work that the organisation has been performing for the last year since the GDPR (General Data Protection Regulation) came into force. During this time span, 140 cases of non-compliance with GDPR requirements have been detected. Of these, fines were imposed in 40 cases from EUR 200 to 2,000 depending on the severity of the violation. Most often, violations are related to insufficient information about the aim and scope of data processing. According to Ms Avdejanova, a fine is imposed only in cases when the data controller fails to react to the Inspectorate’s invitation to eliminate a violation. In addition, some 1,600 consultations have been provided on compliance with GDPR requirements. The SDI Director likewise noted that the number of complaints has significantly increased.
E-shop faces largest known fine for GDPR violations in Latvia
Fine: EUR 7,000
The SDI imposed a penalty on an internet shop for failure to react to an individual’s request to delete her personal data. The individual had several times requested representatives from the shop to delete her personal data, including phone number. Despite that, she kept receiving SMS ads from the shop. Moreover, the shop representatives failed to react promptly to the SDI’s request for information.
What can we learn from this situation?
Controllers must react to a data subject’s request. Under GDPR Article 17, everyone is entitled to request deletion of their data that no grounds justify processing. In these situations, when a data subject has revoked consent to data processing for a particular purpose, the data controller must react promptly.
Cooperation with the supervising authority. Active cooperation with the supervising authority and showing initiative with the aim of eliminating violations is a significant criterion that the DSI takes into account when assessing the necessity to impose a fine. Active cooperation with the supervising authority can decrease the risk of being fined.