The Norwegian data protection authority (Datatilsynet) has imposed an administrative fine of NOK 250,000 [USD $22,669.69] on Grue municipality for breach of GDPR requirements. They explain:
Personal data that should have been confidential was made available to unauthorised persons in the municipality’s public records. This constitutes a breach of the municipality’s duty to ensure adequate security in accordance with the General Data Protection Regulation (GDPR).
Furthermore, we believe that the municipality breached the requirements for a legal basis under the GDPR by publishing confidential information in its public records. The Norwegian Data Protection Authority takes the publication of confidential information on the internet very seriously.
Background to the case
In February 2024, Grue municipality notified the Norwegian Data Protection Authority of a breach of personal data security. According to the notification, the municipality had become aware that there were two entries in public records that contained sensitive personal data. This turned out to be information about individual administrative decisions on pupils’ right to a sound school environment (‘9A decisions’) under the Education Act. The documents revealed pupils’ names, dates of birth, national ID numbers and information about, and reasons for, the 9A decisions. The parents’ phone numbers and addresses were also disclosed.
On closer examination of the public records dating back to 2020, a further eight nonconformities were identified. The municipality has stated that these nonconformities comprise national ID numbers and account numbers that appear in various application documents. One case involves a letter sent by the police to the municipality in which a name appears in a criminal case.
In all, the discrepancy concerns 14 pupils and their parents, as well as eight other data subjects.
Effective and dissuasive measures
The Norwegian Data Protection Authority finds it positive that Grue municipality reported the breach to the Authority soon after they became aware of it, and that they informed the affected persons of the breach. The municipality also initiated extensive control work and measures to prevent similar incidents in the future.
Administrative fines should be effective, proportionate and dissuasive. We sent an advance notification of the decision to the municipality in September. In the final decision, we have taken the municipality’s remarks into account, and believe that consideration of the municipality’s size and financial situation indicates a downward adjustment of the notified administrative fine.
Source: Datatilsynet