Finnish SA: Administrative fine on business directory operator for infringements of the right to obtain call recordings

6 July 2023

Background information

  • Date of decision: 6 July 2023
  • Cross-border case or national case: National case
  • Legal references: Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject), Article 15 (Right to access by the data subject)
  • Decision: Administrative fine, Reprimand
  • Key words: Call recordings

 

Summary of the Decision

 

Origin of the case

The Finnish SA investigated the operations of a business directory operator Suomen Yritysrekisteri based on a number of complaints made in 2019–2022. Several self-employed persons had complained to the Finnish SA that they had received an invoice after a sales call from the controller, so they had asked for a recording of the call. The company delivered a written summary of the call to some of the persons, but these summaries did not correspond to the contents of the call.

 

Key Findings

The controller had not provided telephone call recordings to individuals who had asked for them in accordance with data protection legislation. The Finnish SA finds that the controller's established practice caused it to unlawfully neglect the data subject's right of access with regard to call recordings. Already in 2022, the Finnish SA instructed the controller that a copy delivered pursuant to the right of access must correspond to the contents of the call recording.

 

Decision

The Finnish SA imposed an administrative fine of 23,000 euros on the controller for infringements of the right to access. The fine was also based on the fact that the company had neglected to comply with the Finnish SA’s prior order. In March 2021, the Finnish SA ordered the company to rectify its practices. Despite the order, the company failed to implement another method of delivering call recordings in accordance with the GDPR. Neither did the company inform the Finnish SA of measures taken due to the order.

 

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The news published here does not constitute official EDPB communication, nor an EDPB endorsement. This news item was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. Any questions regarding this news item should be directed to the supervisory authority concerned.