Bayerisches Landesamt für
Datenschutzaufsicht
Bayer. Landesamt für Datenschutzaufsicht | Postfach 1349 | 91504 Ansbach
Bayerisches Landesamt für
Datenschutzaufsicht
Promenade 18 | 91522 Ansbach
Telefon: 0981 180093 0
INOFFICIAL TRANSLATION Fax: 0981 180093 800
E-Mail: [email protected]
Web: www.lda.bayern.de
Your sign/writing from Our reference number
--- Ansbach, 14.11.2022
Supervision according to Art. 58 General Data Protection Regulation (GDPR)
Complaint by – Final decision
Dear Sir or Madam,
We would like to come back to the proceedings conducted with us under the above file number.
Pursuant to Article 60 (9) sentence 2 of the GDPR, we hereby inform you that, in our opinion, there has been a
breach of the provisions of Article 15 of the GDPR.
According to the documents available to us, the complainant's request for information dated 11/09/2018 was
answered by e-mail dated 12/09/2018. However, this e-mail did not provide information on the specific personal
data processed, but only the data categories (title, first name, last name, e-mail address, address, height, weight).
However, this does not allow the data subject to fully check the lawfulness of the processing (cf. recital 63 to the
GDPR), since, for example, incorrectly stored data cannot be detected. In this context, we refer to the Guidelines
01/2022 of the European Data Protection Board (EDPB) (available at https://edpb.europa.eu/system/files/2022-
01/edpb guidelines 012022 right-of-access 0.pdf), in particular para. 19.
However, it is no longer possible to obtain (subsequent) information on the specific personal data processed, as
you have credibly demonstrated the deletion of the complainant's personal data after the judicial hearing (cf. your
e-mail of 07/01/2020). This is a further violation of the requirements of Article 15 of the GDPR, since it is not
apparent that the complainant would have requested this deletion (cf. in this regard the above-mentioned Gui-
delines 01/2022 of the EDPB at para. 39).
In accordance with our due discretion, we refrain from taking formal remedial action in this case pursuant to Ar-
ticle 58 (2) of the GDPR and hereby consider the matter to be settled.
Seite 1 von 2
Kind regards
Notes on the processing of your personal data:
The Data Protection Authority of Bavaria for the Private Sector is processing your personal data in the context of this message. Further infor-
mation on the processing of your data, in particular the rights to which you are entitled can be found on our homepage at www.lda.bay-
ern.de/Informationen or in any other way under the aforementioned contact details.
Seite 2 von 2