Energy company (name not available at the moment)

Description

The fined energy company owns petrol stations and sells fuel to customers. The data subject is a customer who filed a consumer complaint relating to inaccurate measuring and consequently charging of fuelled petrol at one of the petrol stations. The data subject requested a copy of its personal data, i.e. a copy of the video surveillance footage relating to a specific time and area. The energy company justified rejecting the request by: (i) lack of written request by competent authorities to deliver the footage, (ii) lack of justified purpose for the request, and (iii) claiming that providing a copy of the footage would adversely affect rights and freedoms of the station’s personnel and other customers. Following issuance of the DPA’s general opinion to the customer on the obligation of the controllers to provide surveillance footage to the data subjects filmed on such footage, the energy company informed the customer on the inability to provide the footage as the video surveillance footage archives are being erased after seven days. Due to the violation of fundamental rights of the data subject the DPA imposed a fine of HRK 940,000.00. The clarification on the fine amount notes that the DPA has taken into consideration not only the indirect damages to the customer, but also the potential financial gains of the company that has indirectly avoided damages that could have arisen in the course of a consumer dispute and the fact that by deleting the footage, the company has eliminated potentially important evidence.