Prosecution appeals Ilva verdict for negligence with personal data

It will be up to the High Court to decide the case, where the furniture chain Ilva is accused of having stored data about its customers in violation of the Data Protection Act, the so-called GDPR rules adopted by the EU.

The prosecution has chosen to appeal the verdict from the Court in Aarhus, where Ilva was fined 100,000 kroner. This is stated by the Public Prosecutor in Viborg on Tuesday on Twitter.

The case is the first of its kind against a company in Denmark.

The Danish Data Protection Agency had set the company a fine of DKK 1.5 million, and thus the district court’s ruling was far from the goal.

Prosecutor Jan Ƙstergaard from the East Jutland Police told after the district court’s judgment that the court emphasized that the offense was negligent and not intentional.

In addition, the court used a different starting point for determining the fine than the prosecution and the Danish Data Protection Agency wanted.

The prosecution believed that the fine should be determined on the basis of the turnover in the Jysk Group, of which Ilva is a part. But the court in Aarhus ruled that the fine should be proportional to the turnover in the furniture chain Ilva itself.

As the turnover in Ilva is significantly less than in the Jysk Group, the fine was also far less than the DKK 1.5 million.

Ilva was found guilty of keeping information about 350,000 customers’ names, addresses, telephone numbers, e-mails and purchase history for several years.

The case arose after stricter rules on the storage of personal data came into force in the spring of 2018 as a result of the so-called GDPR scheme.

It is an EU law that has tightened the requirements for the protection of personal data. It was the Danish Data Protection Agency that reported Ilva to the police after a visit to the furniture chain, which is headquartered in Sabro near Aarhus.

The customer directory was subsequently deleted.

During the city court case, the furniture chain has denied that there should be data on 350,000 customers. However, Ilva has admitted to some extent that she has stored personal information.

But according to Ilva’s lawyer, Poul Gade, it has at most been a ‘formal, technical offense’, as he has previously put it.

While the prosecution’s desire will be a harsher punishment for the illegal storage of customers’ data, the purpose of the appeal in Ilva’s case will be an acquittal.

/ ritzau /

Source: by

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