ERAELU KAITSE JA RIIGI LÄBIPAISTVUSE EEST
INTERNAL INFORMATION
Information holder: Estonian Data Protection
Inspectorate
Date: 17.05.2023
Valid until: 17.05.2023
Legal ground: Public Information Act § 35 (1) p.2, p.11
SA Poland Ours: 17.05.2023 nr 2.1.-1/20/802-
1095-3
Article 60 Final Decision
Notice of termination of the proceedings concerning the protection of personal data
Estonian Data Protection Inspectorate (Estonian DPI) received a complaint via IMI system (ref
116936) against a company that is registered in Estonia - (Controller). The
Controller managed a so-called „social funding“ platform on the Internet. To withdraw money
(for example as profit from invested funds) it was necessary to send scans of ID cards to the
Controller prior to the withdrawal. The withdrawal was not possible without identifying the
investor by means of ID card scans (ID card, passport). Along with many other people, the
Complainant was an investor on the social funding platform that belonged to the Controller.
The Controller ceased his activity overnight, in early January 2020, so the Complainant lost
all control and access to his personal data, which he had provided to the Controller, especially
the ID card scans.
The course of the proceedings
Estonian DPI has been in contact with Estonian Police and the Prosecutor´ s Office who are
conducting criminal investigation against regarding a possible investment fraud.
According to the information received from the Prosecutor´s Office in 2021, the only board
member of from 04.07.2018 – 13.02.2020 was who was also the
only founder and shareholder in the company. She has been prosecuted as a suspect regarding
the management of the business, however no definitive conclusions have been drawn as to
whether or not this person was a formal member of the board acting as a front and managing
the company as a shadow person. In 2022 the Prosecutor´s Office was still not able to give us
any additional information about the criminal proceedings indicating that it is a voluminous
international case and the proceedings can take a lot of time.
A bankruptcy of was declared on 08.06.2020 and a bankruptcy trustee
( ) was appointed responsible for the company. However, the
trustee is mostly in charge of the financial matters and may not have all the documentation and
necessary data the company has collected. Andres Helmet has confirmed to Estonian DPI that
apart from some e-mails he received from ´s former investors that approached him
regarding their claims, he does not possess any other personal data, neither does he know who
might possess them.
We cannot impose any financial sanctions to the company in bankruptcy due to the Estonian
Bankruptcy Act and its deadlines to send any claims. Also, it is possible that after the
Tatari tn 39 / 10134 Tallinn / 627 4135 / [email protected] / www.aki.ee
Registrikood 70004235
proceedings are completed and criminal procedure finished, the company will cease to exist. If
this happens, there is no data processor left and our proceedings would be concluded.
Considering that the possible measures to clarify the circumstances in criminal proceedings are
significantly more extensive than in the state supervision or misdemeanor proceedings of the
Estonian DPI would be, it is not reasonable for us to proceed against this company. In addition,
it would be unreasonable for several government institutions to hold proceedings over one
company at the same time. Since the bankruptcy trustee has confirmed that he does not possess
any personal data of the Controller and the criminal proceedings regarding are still
ongoing, it is unreasonable for Estonian DPI to continue with the supervisory proceedings
against
SA Poland has agreed with the termination of the proceedings due to practical expediency.
Conclusion
Considering all of the above, Estonian DPI will discontinue and terminate the supervisory
proceedings due to practical expediency, as this case is being handled in criminal and
bankruptcy proceedings. The decision is adopted under GDPR article 60 (7).
For further questions regarding ´s case the bankruptcy trustee (contact above) or
Prosecutor’s Office ([email protected]) can be contacted.
Best regards
Lawyer
authorized by Director General
2 (2)