A property will pay 60,101, 21 euros to a neighboring Santa Cruz Tenerife to give your data without your permission Unelco power company. This was given the English Agency for Data Protection (AEPD) has rejected an appeal by the estate.
The public agency, but considers it proven that the company provided personal and financial data of the owner this property to enable it to complete the form entitled "Policy of manure for power supply" for the high activation of this service.
However, as the owner of the property reported policy form of fertilizer made by personnel of the company containing customer's personal data such as address and correspondence that had been provided by the realtor. The contract may notice a lump under the heading that says "client" is not the contractor.
The public agency, but considers it proven that the company provided personal and financial data of the owner this property to enable it to complete the form entitled "Policy of manure for power supply" for the high activation of this service.
However, as the owner of the property reported policy form of fertilizer made by personnel of the company containing customer's personal data such as address and correspondence that had been provided by the realtor. The contract may notice a lump under the heading that says "client" is not the contractor.
Consent -. The company argued that it was necessary to obtain consent of the neighbor to send the information to a third party, as the complainant had expressed their agreement in a document but then disappeared. For the company the transfer of data to Endesa "is a consequence that comes under the good faith, use, and the law." The Agency will not hesitate to criticize the estate of a violation of the Law on the Protection of Personal Data to consider that such references "may only be communicated to third parties for purposes directly related to the legitimate functions of transferor and transferee with the prior consent of the individual. "
Such violations can be punished with fines ranging between EUR 300,506.05 and 601,012.10. "In this case it is undisputed that the company gave in to Endesa personal data of the complainant for a different purpose for which they were collected having failed to justify the consent of the affected to such an assignment.
In This case has not been established or consent of the neighbor, or failing that, there is a law covering this assignment. " The agency said the company maintained a contractual relationship with the property owner requiring him to safeguard and protect personal data of his client and not giving to anyone outside the cases provided by law or with the consent of the owner. The estate had personal and financial data of their client to fulfill the contract for housing and also for carrying out certain functions related to housing and services needed so that it is ready to be inhabited by owner who acquires new.
"The confidence given by the company to get certain certifications and provide the Owners of new homes, good faith in the performance and the end sought to be beneficial for the owner, to provide power to housing are concurrent conditions, although not entirely free of responsibility attributed to the company, if so qualified diminish it. "For this reason we decided to lower the amount of the penalty and reduce to 60,000 euros. The agency believes that consent to use the data must be "unequivocal."
Such violations can be punished with fines ranging between EUR 300,506.05 and 601,012.10. "In this case it is undisputed that the company gave in to Endesa personal data of the complainant for a different purpose for which they were collected having failed to justify the consent of the affected to such an assignment.
In This case has not been established or consent of the neighbor, or failing that, there is a law covering this assignment. " The agency said the company maintained a contractual relationship with the property owner requiring him to safeguard and protect personal data of his client and not giving to anyone outside the cases provided by law or with the consent of the owner. The estate had personal and financial data of their client to fulfill the contract for housing and also for carrying out certain functions related to housing and services needed so that it is ready to be inhabited by owner who acquires new.
"The confidence given by the company to get certain certifications and provide the Owners of new homes, good faith in the performance and the end sought to be beneficial for the owner, to provide power to housing are concurrent conditions, although not entirely free of responsibility attributed to the company, if so qualified diminish it. "For this reason we decided to lower the amount of the penalty and reduce to 60,000 euros. The agency believes that consent to use the data must be "unequivocal."
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