631.47.3
06 July 2020
Berlin Commissioner for
Data Protection and
A56ID 66040 Freedom of Information
Case Register 72790
Friedrichstr. 219
DD 103674 10969 Berlin
Visitors’ entrance:
Final Decision Puttkamer Str. 16-18
The building is fully accessible to
The Berlin Commissioner for Data Protection and Freedom of Information disabled members of the public.
(Berlin DPA) decides as follows on the complaint against Entertainment
Media GmbH for violations of the right to information and the right to object: Contact us
Phone: +49 (0)30 13889-0
The complaint is rejected. Fax: +49 (0)30 215 50 50
Use our encrypted contact form
Legal basis: Art. 15, Art. 21, Art. 57(1)(f), Art. 60(8) and Art. 77 of Regula- for registering data protection
tion (EU) 2016/679 (General Data Protection Regulation - GDPR). complaints:
www.datenschutz-berlin.de/be-
schwerde.html
REASONS For all other enquiries, please
send an e-mail to:
[email protected]
A. Arguments of the parties and procedure
Fingerprint of our
PGP-Key:
1. By letter of 14 March 2019, the complainant informed the Berlin DPA that
he had been receiving advertising e-mails for months. It was alleged that D3C9 AEEA B403 7F96 7EF6
C77F B607 1D0F B27C 29A7
one could unsubscribe through the infoboxes in these e-mails. In the im-
print of an enclosed e-mail message, the controller was named. On the
Office hours
basis of Art. 15 DSGVO, the complainant wanted to know where the con-
troller got his data from, to whom the data was forwarded, what purpose the Daily from 10 am to 3 pm,
Thursdays from 10 am to 6 pm
storage it served and what data about him was stored. (or by appointment)
2. Since the facts of the case are based on cross-border data processing, How to find us
the Berlin DPA placed the case in the Internal Market Information (IMI) sys-
The underground line U6 to
tem, which is used in the context of the cooperation procedure and con- Kochstraße / Bus number M29
sistency mechanism to handle the cross-border procedure in accordance and 248
with the provisions of the GDPR. It turned out that the controller’s main es-
tablishment, per address Wienerbergstraße 111/12A, 1100 Vienna, is Vi- Visit our Website
enna, so that the Austrian data protection authority (DPA) is the lead su- https://privacy.de
pervisory authority in this procedure pursuant to Art. 56(1) GDPR.
3. On 5 August 2019, the Austrian DPA requested the Berlin DPA to submit
the correspondence of the complainant in which he asserts his rights as a
data subject vis-à-vis the controller, since this correspondence had not
been enclosed with the original complaint. On 29 October 2019, the Berlin
DPA informed the Austrian DPA by way of mutual assistance in the "Inter-
nal Market Information (IMI) System", IMI number: A61VM 72872 to the
effect that the complainant has not yet acted vis-à-vis the controller and is
therefore unable to produce any correspondence.
B. Subject matter of the complaint
In the present case, the question arises whether the respondent infringed
the complainant's right to information or his right to object.
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C. Findings of the facts
The complainant has received an unsolicited advertising e-mail from the
controller. He informed the Berlin DPA of this fact in the context of his com-
plaint of 14 March 2019. The controller has its main establishment in Aus-
tria. The complainant did not contact the controller regarding the assertion
of his rights as a data subject concerned.
Evaluation of the evidence: The findings result from the complainant's sub-
mission to the Berlin DPA dated 14 March 2019 and from the notification of
the Berlin DPA to the Austrian DPA in the Internal Market Information (IMI)
system dated 29 October 2019.
D. From a legal point of view, it follows:
It follows from Art. 12 GDPR that the rights under Art. 15 to 22 GDPR are
rights that require a request by the data subject.
As has been established, in the present case, such requests for information
(Art. 15 GDPR) or objections (Art. 21 GDPR) were not made to the control-
ler, which is why the present complaint had to be dismissed for this reason
alone.
If a complaint is dismissed or rejected, the supervisory authority to which
the complaint was submitted issues the decision in accordance with Art.
60(8) GDPR and notifies it to the complainant and the controller.