The President of the Office of Electronic Communications imposed a fine on the cable operator Vectra S.A. in the amount of PLN 200,000 for the breach of obligations related to the processing and protection of end-user data.
The decision of the President of UKE on the imposition of the penalty was issued following an audit in the Company. The President of UKE analysed extensive body of evidence including copies of agreements and amendments to agreements for the provision of publicly available telecommunications services concluded with users and the documentation maintained by the Company. During the audit, 114 written agreements concluded by Vectra S.A. and natural persons were analysed.
The analysis of the documentation conducted by the Office revealed numerous violations of the provisions of the Telecommunications Act (TA), and in particular of Article 161(3) and Article 174 of the TA. The violations are closely related to the Company's failure to obtain the consent of the natural person for the processing of data of telecommunications services users, and in particular of the bank account number or credit card, the correspondence address of the user other than the address of the place of permanent residence, as well as the e-mail address and contact telephone numbers.
The analysis of the evidence collected demonstrates clearly that Vectra S.A. failed to comply with the obligation required under the TA to obtain a consent of the user who is a natural person for the processing of "other data" referred to in Article 161(3) of the TA, i.e. it did not have the consent of the user who is a natural person to obtain:
- a contact telephone number - 96 cases per 114 agreements examined during the audit procedures and
- an e-mail address - 52 cases per 114 agreements examined during the audit procedure.
In determining the amount of the fine, the President of UKE took into account the current activities of Vectra S.A., the scope of violation and financial capabilities of the sanctioned entity. The President of UKE found that the penalty in the amount determined is justified, appropriate to the violations identified and performs its basic functions: repressive, preventive and disciplinary.
The penalty for the cable operator Vectra S.A. for the violation of obligations related to the processing of consumer data is already the second penalty imposed by the President of UKE on the Company during last month. On 27 December 2012, the President of UKE published the information on the imposition on Vectra S.A. of the penalty in the amount of PLN 350,000 for the violation in several categories of information obligations towards consumers.