THE HESSIAN COMMISSIONER
FOR DATA PROTECTION AND FREEDOM OF INFORMATION
02 March 2021
Final Decision
Complaint against –
Principles relating to processing of personal data (Article 5), Right to erasure
(Article 17), Transparency and Information (Articles 12, 13 and 14)
A56ID: 155131
Case: 165432
A60DD: 174674
A60RD: 180164
The Hessian Commissioner for Data Protection and Freedom of Information (herein-
after “HBDI”) refers to the complaint lodged by (hereinafter “Complainant”)
against (hereinafter ) with the Danish Data Protection Au-
thority regarding the right to erasure.
1. Case description
A sales company asking for another data subject contacted the Complainant. The
Complainant asked where the company got his phone number. The company stated
that it came from a competition on Facebook and that the other data subject must have
given the wrong phone number in connection with the competition. Further, the com-
pany stated that it had purchased the information from and that the com-
plainant should contact to have his data deleted.
The complainant contacted on August 05, 2020 and again on August 13,
2020, but did not receive a response. Therefore, the complainant lodged a complaint
with the Danish Data Protection Authority on September 22, 2020.
2. Investigation outcome
The HBDI has conducted an investigation and contacted . As a result, it
should be noted that the telephone number of the Complainant was blocked immedi-
ately after his complaints of August 05 and 13, 2020 on August 17, 2020 and has also
been deleted in the meantime. The data recipients were informed of this by
in accordance with Article 19 GDPR. However, failed to inform the Complain-
ant about this in accordance with Article 12 GDPR. This information has now been
made up for by e-mail to the Complainant on December 14, 2020.
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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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3. Decision
In the course of the investigation, the HBDI has found that failed to comply
with its obligations pursuant to Article 12 GDPR. The HBDI will therefore issue a repri-
mand pursuant to Article 58(2)(b) GDPR.
The Hessian DPA
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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