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Spain: AEPD fines BBVA €200,000 for violation of principle of accuracy

On June 12, 2024, the Spanish data protection authority (AEPD) published its decision in Proceeding No. PS-00088-2024, in which it imposed a fine of €200,000 on BANCO BILBAO VIZCAYA ARGENTARIA, SA (BBVA) which was subsequently reduced to €120,000, for violations of the General Data Protection Regulation (GDPR) following a complaint.

Background to the decision

The AEPD outlined that the complainant alleged that BBVA requested another company to include the personal data of the complainant in their solvency file. The complainant stated that such inclusion was done without adequate prior notice, as the address provided for the notice was incorrect.

Findings of the AEPD

The AEPD clarified that the accuracy principle under Article 5(1)(d) of the GDPR requires that the personal data collected be accurate and, if necessary, updated, as well as that all reasonable measures must be taken to promptly delete or rectify personal data that is inaccurate with respect to the purposes for which it is processed.

Following this, the AEPD held that, by not providing an exact address of the complaining party, BBVA caused serious damage to the complainant, since they could not receive the notification regarding the solvency file. Therefore, the AEPD determined that BBVA violated the principle of accuracy under Article 5(1)(d) of the GDPR.

Outcomes

In light of the above, the AEPD imposed a fine of €200,000 on BBVA. On this, the AEPD provided that BBVA had already paid the fine in the amount of €120,000, making use of the voluntary payment procedure and recognizing its responsibility.

You can read the decision, only available in Spanish, here.