The Data Protection Authority has, by ruling in case no. 2015/920, dated 3 November, concluded that the Competition Authority must redact the name of a specific individual from its decision no. 11/2015, 'Byko's infringement of Article 10 of the Competition Act'. The individual concerned had lodged a complaint with the Data Protection Authority regarding the publication of their name.
The ruling by the Data Protection Authority confirms that the disclosure complained of does not constitute sensitive personal data within the meaning of Article 9 of the Personal Data Act. However, it states that although the Competition Authority may be permitted and required to publish information about data collected during an investigation, it must nevertheless be assessed whether competition law permits the publication of the complainant's name in this instance, with due regard to the provisions of the Personal Data Act and the fundamental principles for the processing of personal data. The Data Protection Authority considers, inter alia, that in this case the complainant's name was not crucial to the evidence or the outcome of the case. The Authority refers, inter alia, to the fact that the individual was not an employee of the company against which the decision in question was directed. The Authority for Competition directs the Competition Authority to remove the complainant's name from its decision no. 11/2015 no later than 25 November.
The Competition Authority is now reviewing the decision of the Data Protection Authority. The name of the individual concerned has already been redacted from Decision No. 11/2015, as published on the Authority's website, in accordance with the decision of the Data Protection Authority.
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