Data Protection Bites 3/2021

A Polish Court rules that the employee health and life is a higher value than the right to privacy, and that verification whether an employee has been on an overseas trip to a COVID-19 risk area is not a violation of employee rights or constitutional freedoms. The Regional Court has dismissed the appeal of an employee who was disciplinary fired for withholding information regarding his foreign travel to a COVID-19 risk area.

​On 12 March 2021, the European Data Protection Board welcomes comments on its Guidelines 02/2021 on Virtual Voice Assistant (“VVAs”) submitted to public consultation. The end date of public consultation is set for 23 April 2021.
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​The Spanish Data Protection Authority (hereinafter, the “SDPA”) has issued its largest sanction to date. It consists, in a penalty of more than 8 million euros to a telecommunications services provider (hereinafter, the “Company”). Taking into account those sanctions issued by the European homologues of the SDPA, it is a penalty that may even be considered low. However, it is part of an upward trend in which the various operators are warned that the SDPA is now fully operational and has the necessary muscle to work within the environment of the General Data Protection Regulation with ease. 

​According to the Italian Antitrust Authority (AGCM), Telepass engaged in an unfair commercial practice in the distribution of motor liability insurance policies. Specifically, Telepass failed to provide customers with adequate information about the processing of their personal data and failed to explain the criteria and methods used to select quotes in the mobile APP as well. For these reasons, the Italian Antitrust Authority imposed a fine of EUR 2 million on Telepass S.p.A. and Telepass Broker S.r.l..