Feb 25 • 03:38 UTC 🇵🇱 Poland Rzeczpospolita

NSA: Personal data sent to the wrong address by an employee's mistake is a violation of GDPR

A ruling by Poland's Supreme Administrative Court confirms that an employee's mistake leading to the unauthorized sharing of personal data constitutes a violation of the GDPR.

Recent rulings by Poland's Supreme Administrative Court (NSA) have underscored the importance of compliance with the General Data Protection Regulation (GDPR), particularly when it comes to employee errors in handling personal data. This was exemplified in a case involving a bank, where a customer filed a complaint after her personal documents were mistakenly sent to another individual. The situation arose when, in April 2020, she applied for an account electronically and later learned that a stranger had received sensitive documents belonging to her, including a salary transfer request with personal identifiers such as her name and PESEL number.

The court affirmed that the bank was liable for this breach, indicating that organizations must heed the consequences of employee errors, especially when they result in breaches of sensitive data. This ruling reinforces the standards set by GDPR and reinforces the necessity for businesses to ensure that their processes and employee training adequately safeguard personal data against unauthorized access and dissemination.

As data protection remains a critical issue in Europe, organizations across various sectors may need to reassess their data handling processes and implement stricter controls to prevent similar incidents. This case serves as a reminder of not only the regulatory framework in place but also the heightened awareness and responsibility companies have in managing personal data responsibly and ethically.

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