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Data Protection Bites 2/2021

WORLDWIDE HOT TOPICS: INTERNATIONAL DATA PROTECTION UPDATES IN A NUTSHELL

LATVIA

New peculiarities in Latvia concerning personal data processing

Since our previous newsletter on new trends in Latvia concerning personal data processing activities, disclosure of personal data in public registries is still one of the most relevant discussion subjects. New information has been published regarding the administrative case initiated by the Data State Inspectorate (supervision authority) against one of the largest Latvian IT companies, which ensures its users with an access to a platform, where information about company board members, shareholders, and ultimate beneficial owners can be found.

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DENMARK

First Company in Denmark fined for violating the GDPR

The City Court of Aarhus has this February ruled against a Danish company in the first criminal trial regarding violations of the GDPR. The defendant was sentenced to a fine of DKK 100.000 (approx. EUR 13.500). The violation consisted in the company’s lack of deletion of personal data which violated Article 5 (1)(e) of the GDPR.

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INDONESIA

Current Status of Indonesian Data Protection Legislation

In Indonesia, as of the date of this publication there is no general law on data protection. In January 2020, the Government of Indonesia officially submitted the final draft bill on Protection of Personal Data as an overarching data privacy law in Indonesia, which was included as a prioritized bill within the 2020 National Legislation Program, which is a list setting out prioritized draft legislation.

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UNITED KINGDOM

GDPR implications for the UK post-Brexit

On 1st January 2021, the UK left the European Union. This means the EU GDPR no longer applies in the UK as it is an EU Regulation. GDPR was however incorporated into the UK data protection laws known as “UK GDPR”. This allowed the core principles and obligations to remain unchanged and the UK GDPR sits beside the Data Protection Act 2018.

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DPA OBSERVATORY

ITALY

The Italian Data Protection Authority sanctions three hospitals for communicating data to unauthorized third parties

In consideration of the extremely sensitive data they process and in accordance with the data protection regulations, healthcare organizations are required to adopt appropriate technical and organizational measures to safeguard the protection of their patients' data.

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POLAND

The Court for the first time issued a judgment entirely overturning a decision of the Polish Supervisory Authority

The Polish Administrative Court (Polish: Wojewódzki Sąd Administracyjny), overturning a penalty imposed by the Polish Supervisory Authority, has interpreted in its judgment the principle of data minimisation expressed in Article 5(1)(c) and the grounds for processing of special categories of personal data expressed in Article 9 of GDPR.

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SPAIN

Is there a wide discrepancy of criteria among the different European Data Protection Authorities, regarding to the imposition of administrative fines?

One of the main objectives pursued by the General Data Protection Regulation (GDPR) is to achieve a harmonised data protection regime, in relation to the imposition of sanctions by the European supervisory authorities. Thus, in order to ensure consistency in the use of their coercive powers, it is necessary that the foreseen infringements are punished with equivalent sanctions; avoiding the proliferation of the so-called "data heavens". That is, countries where there is a lack of protection of personal data and where the violation of people's privacy may go unpunished.

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