ADVOCATE GENERAL ISSUES OPINION ON THE ROMANIAN CONSENT CASE
Orange România SA
Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)
05 March 2020
In the present case, the Romanian National Authority for the Supervision of the Processing of Personal Data fined telecommunications provider the Orange Romania SA on the ground that copies of the identity documents of its customers had been taken and kept without their express consent.
The Authority stated that the content of those contracts included a statement of the fact that the customer had been informed of and had consented to the collection and storage (by Orange România) of those copies and that the existence of the customers’ consent had been established by the insertion of crosses in boxes in the written documentation evidencing the contract.
In this sense, the Romanian Authority concluded that Orange România has failed to prove that customers made an informed choice as to the collection and storage of the copies of their identity papers.
The Advocate General, firstly, found that there is no freely given consent. Obliging a customer to state in handwritten form that he or she does not consent to the copying and storing of his or her ID card does not permit freely given consent.
Secondly, it was stated that there is no informed consent. It is not made crystal-clear to the customer that a refusal to the copying and storing of his or her ID card does not make the conclusion of a contract impossible.
Finally, there is no indication whatsoever that Orange România has managed to demonstrate that customers consented to processing of their personal data, said Advocate General.
You can find the full text of the Opinion of Advocate General here.
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