APD/GBA (Belgium) · Date not published
Not named in the source
About: Data breach, Data principles, Data security, Data subject rights, Unlawful processing
- Regulator
- APD/GBA (Belgium)
- Decided
- Date not published
- Country
- Belgium
- Sector
- Not given
- Regulator’s reference
- 07/2021
- Fino case number
- ND/BE/003
What happened
The Belgian DPA (APD/GBA) held that intent is not a criterium to assess processing and that mistakenly sending an e-mail does not necessarily constitute a data breach as a human error does not always mean the technical and organisational measures are not adequate. Finally, the DPA held that merely receiving an e-mail is not processing.
Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.
Rules involved
- Art. 5Principles relating to processing of personal data5(1)Read →
- Art. 6Lawfulness of processing6(1)Read →
- Art. 15Right of access by the data subject15(1)Read →
- Art. 32Security of processingRead →
- Art. 33Notification of a personal data breach to the supervisory authorityRead →
- Data breach
- Data principles
- Data security
- Data subject rights
- Unlawful processing
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 ND/BE/003.