CNPD (Portugal) · 3 September 2019
General opinion
No party: the regulator gave an opinion or guidance.
- Regulator
- CNPD (Portugal)
- Decided
- 3 September 2019
- Country
- Portugal
- Sector
- Not given
- Regulator’s reference
- Deliberação 2019/495
- Fino case number
- 2019/PT/008
What happened
The DPA interpreted Article 44(2) of Law 58/2019 as conferring a discretionary power to assess, in cases where a GDPR violation is established, whether it is justified to depart from the legal rule of imposing a financial penalty on a given public body. The CNPD took the view that the waiver provided for in Article 44 can only be requested by public bodies and decided upon after notification of the accusation of an administrative offence, in the context of a specific administrative offence procedure.
Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.
Rules involved
Sources
The facts on this page come from the sources above, as they recorded them. Nothing has been estimated or filled in. Not legal advice.
Spotted a mistake? Write to angelillolorenzo@gmail.com and quote 2019/PT/008.