A €6,000 administrative fine was imposed by Personal Data Protection Commissioner Maria Christodoulou over the operation of the "Agora" application and online platform, with the Commissioner describing the amount as "reasonable and proportionate".
The platform operates under the responsibility of MEP and president of Direct Democracy, Fidias Panayiotou, who, according to the decision, appears as the "Data Controller".
The decision was published on Tuesday. It states that Mr Panayiotou's acts and omissions in failing to fully satisfy the Authority's request for the temporary suspension of all platform functions involving the collection and processing of personal data, as well as his conduct towards the Authority, constitute a breach of Article 31 of the Regulation and of his independent obligation to cooperate with the Authority, following its request, in the exercise of its duties under Article 57(1)(a).
The Commissioner notes that these actions or omissions obstructed or hindered the thorough examination of the case in the course of her supervisory duties.
As aggravating factors, she cites Mr Panayiotou's failure to cooperate with the supervisory Authority's explicit and repeated requests to investigate personal-data processing activities through the "Agora" application or platform.
She also states that, despite the Authority's successive requests and the specific clarifications provided regarding the scope of the temporary suspension, Mr Panayiotou's compliance was "fragmentary, incomplete and not responsive to the Authority's request in its entirety".
Another aggravating factor was Mr Panayiotou's degree of responsibility as Data Controller. The Commissioner states that he was required to respond fully, clearly, promptly and substantively to the Authority's requests, providing accurate, complete and consistent information so that its supervisory duties could be exercised effectively.
The decision also refers to a limited degree of cooperation, noting that Mr Panayiotou did not satisfy the clear request for the temporary suspension of the platform's operation and did not initially provide full and clear feedback on the compliance measures he had taken.
It further refers to the submission of information and assurances which, in light of the Authority's subsequent findings, did not fully and accurately reflect the platform's actual operating status. This made it more difficult or hindered the Authority's thorough assessment of the case.
During the Authority's inspection, platform functions involving the collection or processing of personal data remained active, despite the Authority's clear request for the temporary suspension of the platform's operation in its entirety.
Finally, Mr Panayiotou's public statements in favour of continuing the operation of the application or platform were also considered aggravating factors. They were assessed as evidence reinforcing the lack of a genuine willingness to comply and cooperate with the Authority.
Source: CNA
