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To:
From: [email protected]
(By email)
DPC Ref: C -19-5-362
Re: v
30 September 2020
Dear ,
This is a final decision of the Data Protection Commission (DPC) in relation to your complaint originally
lodged on 13 May 2019 against As you are already
aware, the Berlin Commissioner for Data Protection and Freedom of Information (BfDI) investigated your
complaint because it was the lead supervisory authority for This decision is based on the
investigation and information provided to the DPC by the BfDI.
The DPC’s role in relation to your complaint
The DPC’s initial investigation confirmed that the processing at issue in relation to your complaint was ‘cross
border’ for the purpose of applying the General Data Protection Regulation (GDPR). This meant that the
DPC’s role in relation to your complaint was as a concerned supervisory authority, and that the investigation
into your complaint would be conducted by the lead supervisory authority for the BfDI.
The DPC informed you on 25 June 2019 that the BfDI were the lead supervisory authority competent to
investigate your complaint. The DPC forwarded your complaint to the BfDI and provided you with regular
updates in relation to your complaint.
Decision of the BfDI dated 24 January 2020
Following the conclusion of the investigation into your complaint by the BfDI and subsequent consultations
with the DPC and other supervisory authorities in Europe, a draft decision was issued in relation to your
complaint pursuant to Article 60 of GDPR.
The BfDI dismissed your complaint based on its investigation into this matter. The decision and reasoning
of the BfDI, to which the DPC had no objection, is enclosed for your information.
Final Decision of the DPC
As the supervisory authority with which the complaint was lodged, the DPC must adopt and issue the final
decision based on the investigation of the BfDI that your complaint has been dismissed.
Please note, a procedural change impacting whether or not the BfDI or DPC had responsibility for issuing
a final decision led to a short delay in issuing this final decision to you. A copy of this letter and final decision
will also be provided to for its information.
An Coimisiún um Chosaint Sonraí, 21 Cearnóg Mhic Liam, Bhaile Átha Cliath 2.
Data Protection Commission, 21 Fitzwilliam Square, Dublin 2.
www.cosantasonrai.ie | www.dataprotection.ie | [email protected] | [email protected] Tel: +353 (0)76 1104800
Your right to an effective judicial remedy
Article 78 GDPR entitles you to an effective judicial remedy against a legally binding decision of a
supervisory authority. The adoption of this dismissal of your complaint is a “legally binding decision” of the
DPC as defined in Section 150 (12) DPA. Pursuant to section 150 (5) DPA, you may, within 28 days from
the date you received this notice from the DPC, appeal against this decision to either the Circuit Court or
the High Court. In the event you are dissatisfied with the final decision and you wish to take the matter
further in Ireland or Germany, we suggest getting your own independent legal advice.
Next Steps
As the BfDI have completed its investigation into this matter and the DPC has issued you with the final
decision and informed of your rights, the DPC will close its file in relation to your complaint.
Yours sincerely,
Deputy Commissioner
Data Protection Commission
An Coimisiún um Chosaint Sonraí, 21 Cearnóg Mhic Liam, Bhaile Átha Cliath 2.
Data Protection Commission, 21 Fitzwilliam Square, Dublin 2.
www.cosantasonrai.ie | www.dataprotection.ie | [email protected] | [email protected] Tel: +353 (0)76 1104800
Berlin Commissioner for
Draft Decision Berlin, 24. January 2020 Data Protection and
Freedom of Information
521.11522
IMI A56ID 71254 Friedrichstr. 219
10969 Berlin
Visitors’ entrance:
Puttkamer Str. 16-18
The Complaint: The building is fully accessible to
disabled members of the public.
The complainant criticizes that his app requests the permission to ac- Contact us
Phone: +49 (0)30 13889-0
cess "location services". The app manufacturer states that this is a require- Fax: +49 (0)30 215 50 50
ment of Android 6.0 or higher to be able to scan for Bluetooth LE devices in Use our encrypted contact form
for registering data protection
order to connect to the . Location data is not used by the complaints:
www.datenschutz-berlin.de/be-
schwerde.html
app at all.
For all o her enquiries, please
send an e-mail to:
[email protected]
Our Evaluation: Fingerprint of our
PGP-Key:
D3C9 AEEA B403 7F96 7EF6
The statement is (unfortunately) correct, because so-called beacons (for in- C77F B607 1D0F B27C 29A7
door localization) also use Bluetooth. This is a technical restriction of the
Office hours
Android operating system. The procedure is necessary to provide the re- Daily from 10 am to 3 pm,
Thursdays from 10 am to 6 pm
quested service. (or by appointment)
How to find us
Proposed Action:
The underground line U6 to
Kochstraße / Bus number M29
and 248
The app manufacturer has not breached data protection laws as far as the
Visit our Website
complaint is concerned. The case should therefore be closed.
https://privacy.de