Lack of infringement of data protection regulations by GLS
14 October 2024
This proceeding refers to a complaint filed by A.A.A. against General Logistics Systems Spain, S.A. ("GLS") on 1 August 2023 regarding the incorrect delivery of a package. On August 1, 2023, A.A.A. received an email from GLS stating that the package was going to be delivered on the 1 August 2023 and despite not being present at the time, A.A.A. received an email confirming the delivery of a package to his/her home address. A.A.A. claimed that the package, containing personal data, was delivered to a third party without his/her consent. GLS, in response, conducted an internal investigation (including the third company in charge of carrying out the delivery). The investigation revealed that the employee of the third company included the correct address of delivery but the ID number was fake. The responsible courier was dismissed.
The Spanish Data Protection Agency (AEPD) concluded that there was insufficient evidence to prove a breach of confidentiality. The investigation revealed that only the necessary personal data (name and address) were included on the package label, and there was no indication that additional personal data (i.e ID number) were exposed to unauthorized third parties. Consequently, the AEPD decided to archive the complaint, as the evidence did not support the claim of a data protection violation (and the burden of the proof relies on the complainant).
Additionally, GLS demonstrated compliance with data protection regulations by implementing measures to prevent such incidents (e.g., updating the practical guidance for couriers, periodic communications regarding the importance of complying with data protection regulations, training on data protection, intensifying audit systems, etc.) and taking corrective actions against the responsible courier. The AEPD concluded that the lack of evidence and the measures taken by GLS justified the closure of the case without further action.
Authors: Cristina Grande, Counsel; María Baixauli, Junior Associate
