Privacy scandal: 18M euro fine for selling Privacy Data

The Austrian Data Protection Authority has imposed an 18 Million Euro fine on Post AG for violating GDPR by processing personal information of individuals. This was in order to create statistical probabilities about political party affinity and using them for marketing purposes.

Under GDPR. political affiliation is a “special category” personal data, the processing of which is deemed more sensitive and is subject to additional obligations.

Fourth highest Fine in the EU

The punishment of the Austrian Data Protection Authority against the Austrian Post is one of the highest fines of the EU.

There have only been three higher penalties, 205 million euros against British Airways, 110 million euros against Marriott and 50 million euros against Google.

The lawyer expects that the penalty will be reduced to the Austrian Post in the second instance, because there is scope for interpretation.

Thus, the criteria for sentencing in the GDPR are “partially not objectifiable”. The penalty amount of 18 million euros is explained due the high number of victims and the turnover of Swiss Post.

The Austrian Post has to pay in addition to the penalty also 1.8 million euros in legal costs. According to the Administrative Penal Code, the respective costs of the proceedings are to be doused with 10% of the penalty imposed.

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