argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Latvia - private data - use

On 4the February 2022, the Supreme Court of Latvia overrules judgement over wrongful use of private data in a government commercial about the Consumer Rights Protection Centre of the Republic of Latvia (CRPC) trial over a private person’s data usage for commercial purposes. The case presented a possible breach of the GDPR Article 6 (1) (e) – processing of personal data is allowed when necessary for the performance of a task carried out in the public interest. CRPC had used the applicant’s data in its campaign aiming to raise awareness of the possible fraudulent operations performed within the market of used goods. The campaign contained video and audio content in which the applicant could be seen, heard and recognized. CRPC was calling for consumers to be careful when purchasing a used car from a publicly known person as this might create a false sense of security and trust in the buyer. The judgement describes the applicant to be a well-known person in Latvia, however, his identity has been disclosed for the purposes of confidentiality during the court process. The Supreme Court ruled that the retraction from this principle can only be made as far as it is absolutely necessary. All of applicant’s claims will be reviewed once again by the Regional Court in light of the discovered GDPR breach. It is worth mentioning that the CRPC has not deleted the respective video from the Internet yet as it is still publicly available for everyone to view. It is expected that further use of this video will be known after the final judgement arrives in case described above.