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Recruitment Company – it deleted data for not giving the feedback and it stopped the GDPR rights exercise.

Recruitment Company – it deleted data for not giving the feedback and it stopped the GDPR rights exercise.

After an instance of rights exercise according to GDPR from a data subject who wanted to have access to personal data, rather than give information required, a recruitment company decided to delete data from the records.
But this idea was not so good for the data protection Authority in Denmark, where there is the headquarter of the recruitment and selection of personnel Agency.

The Danish Supervisor, after gained the knowledge of this claim, provided a penalty against JobTeam with a fine of 50.000 Danish kroner so 6.700 Euros.

According to Danish “datatilsynet”, by erasing data instead of giving feedback, the company escaped from the data protection Authority and from the Court controls, by breaking all the fundamental rights of the data subject.

The privacy Authority thought that with this behaviour the JobTeam company did not fulfill the requirements according to the article 5 of the GDPR, by underlining that personal data must be always processed in a lawfully, fairly and in a transparent manner, the data storage delete decision instead of fulfil the data subject request suggest that those informations would have been inconvenient for being provided to the applicant without any weirdness, and in any case transparency and fairness let themselves to be desiderable.

The idea of deleting data in order to avoid the data subject feedback turned out to be bad.

Now the Danish police have the dossier and they will verify if there are also criminal offences with the task of validade the financial penalty based on the authority proposal.

Even in most of the cases the National data protection Authorities impose administrative fines, in Denmark there are different cases and after having done the investigation and the case assessment, the police comes into play.


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