THE HESSIAN COMMISSIONER
FOR DATA PROTECTION AND FREEDOM OF INFORMATION
02 December 2020
Final Decision
Complaint against – Conditions for consent (Article 7),
Lawfulness of the processing (Article 6)
IMI Case: 67526
IMI A61VM: 73797
IMI A61MA: 95819, 133342, 138541, 146138, 151701
IMI A60DD: 160490
The Hessian Commissioner for Data Protection and Freedom of Information (hereinaf-
ter “HBDI”) refers to the complaint lodged by Mr. (hereinafter “Complainant”)
against (hereinafter ) with the Polish Data Protection Au-
thority regarding the alleged transfer of personal data to third parties for the purpose
of direct marketing.
1. Case Description
The Complainant alleges that has processed his personal data without his
consent and that has not accepted his requests for access and erasure.
On 21 June 2018, the Complainant received an unsolicited phone call from the Polish
which offered him financial products and services even though he did not sign
up to receive such marketing offers.
According to the Complainant, he has “received information that my phone number
has been shared with the bank through the company , because I reg-
istered on the website in 2009”.
On 21 June 2018, the Complainant sent an email to requesting clarification
of the possession and transfer of his phone number and asking for his personal data
to be deleted.
On 25 June 2018, replied that the Complainant’s email address or phone
number was not in s database and could therefore not be deleted.
asked the Complainant to check whether the registration was made with a
different email address, as only with the correct email address is it possible to unam-
biguously assign and delete personal data.
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____________________________________________________________________________________________________
Gustav-Stresemann-Ring 1 65189 Wiesbaden Telephone +49 6 11 14 08 – 0 Fax +49 06 11 14 08 – 9 00 (or – 9 01)
Email [email protected] Web www.datenschutz.hessen.de
Draft Decision – IMI Case 62334
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In December 2018, the Complainant lodged a complaint with the Polish Data Protec-
tion Authority, which was transferred in August 2019 via A61VM 73797 to the HBDI as
the Lead Supervisory Authority for further investigation.
2. Investigation Outcome
The HBDI contacted in May 2020. In its answer, reiterated that it
could not find any personal data in its database on the basis of the e-mail address and
phone number provided by the Complainant. Neither could the Complainant's name
be used to uniquely identify a record, as the database contained several records on
different people with the same name as the Complainant.
Furthermore, stated that it was not able to reconstruct whether the data gen-
erated in 2009 via the lottery at had actually ever been
transferred to the Polish , as the complainant claims, and whether the Polish
had ever received data from Although confirmed that it
generated data via this lottery in 2009, it could not find any reference in its system to a
corresponding campaign with the Polish . Therefore, cannot detect
any transfer of personal data.
In order to investigate the case further, the HBDI asked the Polish Data Protection
Authority to request the Complainant to provide evidence to support his claim that his
personal data used by the Polish actually came from Furthermore,
the HBDI asked to clarify whether the HBDI may share his address with for
identification purposes, so that might be able to identify a record in its system
by combining the Complainant's address and name.
In June 2020, the Polish Data Protection Authority forwarded the HBDI’s questions and
request for information to the Complainant. Unfortunately, to date the Complainant has
not replied and has not provided the requested information.
3. Decision
On 02 November 2020 the HBDI submitted a Draft Decision (A60DD 160490) stating
that neither the HBDI nor are in a position to further investigate the case
based on the information provided by the Complainant.
Since the Complainant has not been able to substantiate his complaint and provide the
information necessary to handle the case, the HBDI informed the supervisory authori-
ties concerned that it does not see any possibility to take further steps in this case and
therefore intends to close the file.
No objections to the Draft Decision were raised by the supervisory authorities con-
cerned. The HBDI therefore submits this Final Decision and closes the file.
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____________________________________________________________________________________________________
Gustav-Stresemann-Ring 1 65189 Wiesbaden Telephone +49 6 11 14 08 – 0 Fax +49 06 11 14 08 – 9 00 (or – 9 01)
Email [email protected] Web www.datenschutz.hessen.de