Updated: Apr 15
The Ηellenic DPA in response to a complaint carried out an investigation concerning the lawfulness of personal data processing on a server of ‘ALLSEAS MARINE S.A.’, in addition to the lawfulness of access to and inspection of deleted emails of a senior manager for whom there was suspicion that he had committed illegal acts against the organisation’s interests.
Decision 43/2019 is available in Greek on www.dpa.gr “Decisions.”
The source of the article can be found here
The Authority found that the organisation as a controller had complied with the requirements of the GDPR and that its internal policies and regulations provided for a ban on the use of the organisation’s electronic communications and networks for private purposes, and for the possibility of carrying out internal inspections. The organisation, therefore, had a legal right under Articles 5(1) and 6(1)(f) of the GDPR to carry out an internal investigation searching and retreating employee’s emails.
The DPA, on the other hand, found that the closed-circuit video-surveillance system had been installed and operated illegally and, similarly, the recorded material submitted to the Authority was considered to be unlawful.
Finally, the Authority found that the organisation did not satisfy the employee’s right of access to his personal data contained in his corporate computer.
Following the finding that the GDPR had been infringed, the Authority decided in this particular case to exercise its corrective powers under Article 58(2) of the GDPR by means of corrective measures, and decided to:
i) order the company to comply immediately with the complainant’s request to exercise his right to access and information concerning his personal data stored in the company’s computer that the complainant used, and inform the Authority thereof; ii) ensure within one (1) month of receipt of the decision that the processing operations which take place by means of its video surveillance system comply with the provisions of the GDPR, and inform the Authority thereof, and, in particular:
(a) restore the application of the provisions of Article 5(1)(a) and (2) of the GDPR in accordance with the grounds of the judgement;
(b) also, restore the application of the other provisions of subparagraphs (b) to (f) of Article 5(1) of the GDPR in so far as the infringement found affects the internal organisation and compliance with the provisions of the GDPR by taking all necessary measures under the principle of accountability;
iii) impose on the company an effective, proportionate and dissuasive administrative fine, as appropriate in the case of illegal installation and operation of a closed-circuit video-surveillance system, in accordance with the specific circumstances of this case, amounting to 15000 euros.