BADEN-WUERTTEMBERG STATE COMMISSIONER IMPOSES FINE ON AOK BADEN-WUERTTEMBERG

04.08.2020

The Department of Fines of the Baden-Wuerttemberg State Commissioner (“DPA”) for Data Protection and Freedom of Information has issued a fine of 1,240,000 € against the AOK Baden- Wuerttemberg in relation with an infringement of the obligations of secure data processing.

In the present case, the OAK Baden- Wuerttemberg which hosted raffles on different occasions from 2015 to 2019 collected the participants’ personal data, including contact details and health insurance affiliation. While the AOK wished to use this data for advertisement purposes, provided that the participants had consented accordingly, and took measures for those purposes, these measures set by the AOK did not, how-ever, comply with legal requirements.

As a result of non-conforming of the measures, the personal data of more than 500 raffle participants were used for advertisement purposes without their consent. No insurance data was concerned. Upon the infringement, the AOK Baden-Wuerttemberg discontinued all sales activities immediately after the allegation became known, in order to thoroughly check all procedures.

In this context, the AOK Baden- Wuerttemberg has been fined of 1,240,000 € beside that the Department of Fines, in constructive collaboration with the AOK, also paved the way for an improvement of the technical and organisational measures for the protection of personal data.

You can read the announcement here.

Should you have any queries and/or remarks, please do not hesitate to contact us.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr