An interesting GDPR enforcement case came from Belgium in late May. Imagine that a data controller is sending unsolicited postal communications and ignoring data subject rights to object (Article 21) and to be forgotten (Article 17). On top of that, it misidentified legal basis and relied on the legitimate interest instead of consent (of course, no balancing exercises have been conducted and no safeguards have been put in place).
What could happen to such a data protection ‘nihilist’? Article 83(5) suggests that its DPO may start looking for another job. However, things may go upside down if the controller is a… non-profit organisation.
Not to keep an unnecessary suspense, the data controller in the case above was fined mere 1000 EUR (nope, I did not miss additional ‘zeros’). Of course, factoring in that it was the first case against this organisations and that the controller is a non-profit organisation with no regular turnover.
This all may be well true, but it seems that such ‘enforcement’ naturally tears the fabric of the GDPR as it factually gives all non-profit organisations carte blanche to violate ‘tastefully’ for their first time.
More details on this case: