THE COMMISSIONER FOR DATA PROTECTION AND FREEDOM OF INFORMATION
LfDI Baden-Württemberg · P.O. Box 10 29 32 ·D-70025 Stuttgart
File No. 4400-6/5493
Final Decision pursuant to Article 60 (8) GDPR
National file number (NL): z2022-06106
Preliminary comments
On 4 July 2022, the Baden-Wuerttemberg Data Protection Authority (DE/BW
DPA) received a complaint (ref. no. 4400-6/5493) against the controller
., complaining about receiving newsletters with marketing
offers although complainant only agreed to receive newsletters with important
information on updates for devices. Second, the complainant
indicates that it is not possible to deselect cookie analytics on the website of
the controller.
As the controller is based in the Netherlands, the DE/BW DPA submitted the
complaint to the Dutch DPA on 29 September 2022 via IMI under 61VMN 442550
to handle the case as lead supervisory authority.
On 4 April 2023, the Dutch DPA broadcast a Draft Decision (IMI 60DD 503235)
to close the case, since the complainant had not responded to the request
about the disclosure of his personal data to the controller, which makes it
essentially impossible to investigate the case further.
In order to comply with Article 60(8) GDPR and to close the case, the DE/BW
DPA adopts the above-mentioned decision as originally prepared by the Dutch
DPA, as follows:
Decision:
With regard to the abovementioned case and pursuant to Article 60(3) of the
General Data Protection Regulation (GDPR), the Autoriteit Persoonsgegevens
(Dutch Data Protection Authority, hereafter: NL SA) has issued the following
draft decision:
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Summary of the Case
On 29 September 2022 an article 61 notification with number 442550 was
broadcast by the Baden-Wurttemberg SA.
The complainant complains about receiving newsletters with marketing offers
although complainant only agreed to receive newsletters with important
information on updates for devices.
Second, the complainant indicates that it is not possible to deselect cookie
analytics on the website of the controller.
Investigation by the NL SA
1. The NL SA has assessed the complaint and found that the complainant
does not want the NL SA to use his personal details in the
correspondence with the controller.
2. A letter dated on December14, 2022 by the NL SA was forwarded to
the complainant by the SA of Baden-Wurttemberg explaining that the
complaint cannot be investigated on an individual basis if the
complainant does not want to share its personal details with the
controller.
3. The Baden-Wurttemberg SA confirmed in IMI on February 14, 2023 that
they did not receive any response by the complainant regarding the
letter.
Norm allegedly infringed
Article 6.1 (a) GDPR states: Processing shall be lawful only if and to the extent
that at least one of the following applies: the data subject has given consent to
the processing of his or her personal data for one or more specific purposes.
Article 21.1 GDPR states: 1) The data subject shall have the right to object, on
grounds relating to his or her particular situation, at any time to processing of
personal data concerning him or her which is based on point (e) or (f) of Article
6(1), including profiling based on those provisions. 2) The controller shall no
longer process the personal data unless the controller demonstrates
compelling legitimate grounds for the processing which override the interests,
rights and freedoms of the data subject or for the establishment, exercise or
defence of legal claims.
Proposed action by the NL SA
The NL SA was not in a position to investigate the case further due to the
complainant’s refusal to use his personal details in the correspondence with
the controller. The NL SA is therefore obliged to reject the complaint and will
close this case.
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