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Spain: AEPD fines Marketing Accommodation Solutions €75,000 for violation of information provision obligations
The Spanish data protection authority ('AEPD') published, on 10 May 2023, its decision in Proceeding No. PS-00499-2022, in which it imposed a fine of €75,000 on Marketing Accommodation Solutions FZ, L.L.C., for violation of Articles 5(1)(c) and 13 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), following a complaint submitted by an individual.
Background to the decision
In particular, the AEPD stated that the complainant alleged that, when staying at Marketing Accommodation Solutions' property, they were required, upon online check-in, to provide the e-mail addresses, phone numbers, and addresses, as well as photographs of each guest and both sides of their IDs, following which the complainant contacted Marketing Accommodation Solutions pointing out that there is no option to refuse consent, among other things.
Findings of the AEPD
In light of its investigation, the AEPD held that Marketing Accommodation Solutions violated Article 5(1)(c) of the GDPR by requiring photographs of both sides of the IDs in order to check-in and obtain the keys to the property, since such data is not necessary for the data processing carried out. Further, the AEPD found that Marketing Accommodation Solutions did not send all the necessary information to the individuals making the reservation for the property, such as the legal basis for the data processing or the contact details of the data processor, nor had it adapted its privacy policy accordingly, thus breaching Article 13 of the GDPR.
Outcomes
In light of the above, the AEPD imposed the abovementioned fine on Marketing Accommodation Solutions.
You can read the decision, only available in Spanish, here.