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πŸ‡ͺπŸ‡ΈPrivacy: Data disclosed by mistake

Retention & Minimisation, Confidentiality & Security | 26/03/2025

πŸ‡ͺπŸ‡Έ πŸ” Error: HR Data Displayed on a Company Bulletin Board!

Source : PS 00467-2023
❌ €70,000 Fine by the AEPD

During union elections, the company INTERURBANA DE AUTOBUSES mistakenly displayed employees' personal data on a bulletin board instead of the electoral register.

πŸ“Œ Facts

πŸ“’ An employee filed a complaint with the AEPD against their employer for disclosing personal data.
πŸ”Ž Published information: name, surname, seniority date, date of birth, gender, postal address, etc.
πŸ‘€ Data accessibility:
Visible to employees but also from outside through a window.
 
Risk of third-party consultation.
⚠️ The company acknowledged an HR department error, which disclosed a complete employee register instead of a simple electoral list. However, it disputes the accessibility of the data from outside.

🚨 Identified Violations

1️ Violation of the principle of data minimization (Article 5.1.c of the GDPR)

·       ❌ Unnecessary disclosure of personal information.

·       πŸ›‘ The AEPD emphasizes that even if only two addresses were disclosed, a single case is enough to constitute an infraction.

2️ Uncontrolled data accessibility

·       πŸ‘οΈ The data could be viewed by multiple individuals, including third parties.

·       πŸ› οΈ Lack of technical and organizational measures to prevent this exposure.

3️ Lack of diligence in personal data management

·       πŸ” Failure to implement measures ensuring data security and confidentiality.

·       πŸ“œ Violation of Article 5.2 of the GDPR regarding proactive responsibility.

βš–οΈ Consequences and Sanctions

πŸ’° Fine: €70,000 for non-compliance with the data minimization principle.
πŸ“Œ Obligation to comply: INTERURBANA DE AUTOBUSES must implement corrective measures within 6 months, or face further sanctions.

πŸ“’ Conclusion

βœ… This case highlights that companies must be vigilant in handling and displaying personal data.
βœ… Even an administrative error can lead to severe penalties in case of GDPR non-compliance. βœ… Implementing proper data protection measures is crucial to avoiding such situations.

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