University fined for omitted notification of a data breach
The President of the Personal Data Protection Office in Poland (UODO) imposed a fine on the Medical University of Silesia in the amount of PLN 25.000 (approx. EUR 5.600). The university had suffered a data breach of which it should have notified the supervisory authority and the data subjects according to Articles 33, 34 GDPR, but failed to do so.
First indications of the data breach reached UODO in early June 2020. It was related to exams held at the end of May 2020 by videoconference on an e-learning platform. These were also being recorded. Before the exam, students were identified by their IDs or student cards, so a large amount of their personal data was documented on the recordings. After the exam was completed, the recordings were made available on the platform. However, not only the examinees had access to the platform, but also a wider group of people, about which the students had not been informed. In addition, using a direct link, any extern person could access the recordings and therefore the data of the examinees. Many students, fearing that the video would be deleted to cover up the incident, secured the file or took photographs of the computer screens to protect evidence. Eventually, the chancellor (being the decision-making unit) expressed the position that the incident of 200 people viewing the IDs of some 100-150 other people cannot be considered a personal data breach.
The controller, who was requested to clarify the situation by UODO, did not dispute the data breach. In fact, the virtual room of the platform is only available to the exam group and only those people have access to the recordings. The violation occurred because one of the employees did not close access to the virtual room after the exam. Though, the controller stated that no notification was required. In his opinion the risk to the rights or freedoms of the data subjects was low. Moreover, after the incident, the system was modified to prevent students from downloading the exam files. The controller also indicated that he identified the individuals who had done so and informed them about their criminal liability for disseminating the data.
Despite several letters from UODO, the university still omitted to report the data breach and notify the data subjects. Therefore, administrative proceedings were initiated. UODO found that the controller failed to comply with his obligations to notify both the supervisory authority and affected data subjects as well as improperly assessed the risk involved.
When imposing the fine, the President of UODO took into account the duration of the infringement (several months), the intentional action of the controller and his unsatisfactory cooperation with the supervisory authority. The fine will serve not only a repressive but also a preventive function, as it shows that the obligations arisen in connection with data breaches cannot be ignored. All the more so because an inappropriate approach to the obligations imposed by the GDPR may lead to negative consequences for those affected by the breaches.
