3.9011 million euros San least, the initial EUR 4.503 million fine imposed by the National Commission for Data Protection that Optimus had to pay following the case secret. The Court Competition, Regulation and Supervision decided on Monday to download the whole 601 900 euros fine for and acquitted of two of the four offenses imposed by the DPA.
Despite the reduction of over 86% in the total amount of the fine, it is the highest ever imposed under the law of protection of electronic communications. The intention is that high fines are dissuasive and to become exemplary. .
At the base of this process was the NCDP unauthorized access of an employee Optimus – the integrated height in Sonaecom, owner of PUBLIC – the detailed statement of the PUBLIC communications journalist Nuno Simas to know who would be the their sources of information in secret. The clerk agreed to the billing application for a spy, provided that after the then director of the sied – Strategic Intelligence Service of Defense, Jorge Silva Carvalho, describes as the prosecutor in charge of the process of the secret that will be brought to trial soon .
The NCDP fined Optimus at EUR 4.503 million divided by four misdemeanors: failure to secure adequate for the control of media data (3000 euros), not the conditions of handling and storage measures traffic data (1.5 million), failure of a retention period set (1.5 million) and lack of reconciliation between the rights of subscribers to the privacy of users (1.5 million).
Optimus appealed the verdict and the court eventually acquitted of the latter two offenses, and reduce the first two, condemning it for “negligence”, respectively in 1900 and 600 thousand euros, reads the ruling of the Court competition that had PUBLIC access.
In general, to justify the reduction of the fines, the court argues that though the degree of illegality and guilt of the accused are “high”, “do not assume contours of extreme gravity. “
In addition, it is believed that this was a rare case in the conduct of the company, considering the hundreds of thousands of invoices and access to personal information through call centers. The sum which is still the fact that Optimus has derived no economic benefit from the event. And also for correcting situations and changed behaviors that increase data security and access, as required by the DPA.
“All things considered, it is considered necessary, appropriate and sufficient a fine slightly below the average limit of abstract legal framework “, justifies the judge in sentencing. “One, given the economic capacity of the defendant, lower fine was intimidating to a potential face of unequivocal conduct gravity, which is important to avoid that happening again,” also warns the court.
“Optimus not conforms and will appeal to the Court of Appeal “, announces the attorney Carrier, James Felix da Costa,” despite the significant reduction of the fines and the acquittal of the Competition Tribunal in respect of two offenses – showing that the decision of National Commission for Data Protection, which imposed fines, was completely disproportionate. ” Already CNDP says he still analyzing the ruling, fitting now to prosecutors, that is, decide whether to accept a reduction in fines or if appealed it. “We are pleased that Optimus has been convicted,” said a spokeswoman for the commission, Clara Guerra, ranking as “normal” the decision of the Competition Tribunal: “new legal issues are very technical aspects that constitute learning processes all involved. But large companies have special obligation to uphold the law. “
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