# Company: Insufficient legal basis for data processing

- Type: Enforcement
- Source: Deputy Data Protection Ombudsman
- Date: 2022-12-27
- Original: https://www.enforcementtracker.com/ETid-1583
- Canonical: https://overview.legal/posts/47698
- Topics: Health Data, Healthcare, Consent, Personal Data, Processing, Special Categories of Data, Processing Agreement, Types of Special Categories of Personal Data, Supervisory Authorities, Law Enforcement

## Summary

The Finnish DPA has imposed a fine of EUR 122,000 on a company with products that process health data, such as heart rate, etc. The DPA had received several complaints regarding the processing of health data from data subjects. During its investigation, the DPA found that the company did not have a sufficient legal basis to process various types of health data. While the company had informed users of the products about the processing of personal health data in general, it had failed to provide i

## Full text

The Finnish DPA has imposed a fine of EUR 122,000 on a company with products that process health data, such as heart rate, etc. The DPA had received several complaints regarding the processing of health data from data subjects. During its investigation, the DPA found that the company did not have a sufficient legal basis to process various types of health data. While the company had informed users of the products about the processing of personal health data in general, it had failed to provide information for each of the different types of health data (e.g., body mass index or oxygen capacity), such as the purpose of the processing. Accordingly, the DPA found that the users' consent could not be valid since it was not given on an individual basis and with full knowledge of the facts.

GDPR Articles: Art. 9 GDPR
Industry: Industry and Commerce

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