The Dutch Data Protection Authority has imposed a fine of 525,000 euros on the Knltb tennis association. The association sold the personal data of members to sponsors. It is the second fine in the Netherlands under the AVG.
The fine is for the Royal Dutch Lawn Tennis Association. It broke through in June and July of 2018 by reselling the data of 350,000 members. The data of 50,000 members were sold to one sponsor, while another sponsor received the data of 300,000 members. The sponsors used that data to approach members by mail or telephone, writes the privacy watchdog. Because the event took place in 2018, it is a violation of the AVG, the European privacy law. The union sold at the small batch addresses. The large batch involved telephone numbers, e-mail addresses, address details and dates of birth. Of the 300,000 members, 39,000 were approached. The sponsor stopped that at the request of the Knltb.
The Knltb itself announced that it intended to sell the data. This was done via the website and in newsletters, among other things. Members subsequently submitted complaints to the regulator. More complaints came after some members were approached by sponsors. The AP then started an investigation. The tennis association itself says that it had a ‘legitimate interest’ in reselling the personal data. That would ‘create added value for membership’. It would also provide additional income for the union, which suffered from falling membership. However, members had not given permission for their data to be resold.
It is the second fine under the General Data Protection Regulation that is distributed in the Netherlands. In the summer of last year, the AP already handed out a fine of 460,000 euros to Haga Hospital in The Hague. Among other things, this did not have the access policy of medical records in order. The privacy watchdog announced in November that it would pay more attention to data trading at companies.
The Knltb says it will appeal against the fine. According to the union, the statement has “far-reaching consequences for all sports clubs and associations in the Netherlands.” For example, members “could no longer benefit from added value through collaboration with partners.” According to the union, this has the effect of making sport more expensive. “The Knltb has been working with partners for years to let members benefit from relevant offers,” says Robert Jan Schumacher, Director of Services. “In addition, with these partnerships we generate income for tennis in the Netherlands.” NOC * NSF is also not pleased with the fine. The interest group believes that the AP has switched to enforcement too quickly, and believes that the regulator “would take up its informative and guiding role.”
–
