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Paulius from Vilnius (his real name is known to the editorial board) shared his story with the portal tv3.lt when he was asked to present an identity document at the Depo store in Vilnius in order to collect a product already paid for.
The cashier refused to deliver the merchandise.
The man says he ordered the glass when he went to the store and was immediately asked to pay for the item. The store issued him an invoice.
“I ordered the glass of the tank to be cut. At the time of purchase, I do not even remember if I had to show an identity document or not, but the name on the invoice. The service order form states that” the purpose and the legal basis for the processing of personal data is to sign and fulfill the obligations of this service order contract and the purchase contract, “said Paul.
However, a week after arriving to collect the merchandise, he was asked to present an identity document at the checkout. Paul presented his ID card to the cashier, but it had already expired. The cashier refused to hand over the goods to her husband because the document was no longer valid, but the man was angry: the goods were already paid for, who needs a valid ID to pick them up?
“Upon arrival to collect the merchandise, it was necessary to present an identity document and there were still problems due to the fact that it expired last month. The situation is strange, since it is not very clear for whom and for what purposes merchants need private personal data when picking up goods for € 10.
The strangest thing is that the other person could not even pick up that item, they would definitely have to go in and still provide my personal details, which are aggregated somewhere. The product was not recovered anyway, after a very surprised facial demonstration and questioning, if it would be necessary to go home here now to look for another document, ”Paulius told tv3.lt.
He did not violate the law or the rules of the store.
The portal tv3.lt contacted the Depo headquarters in Latvia, requesting a comment on the policy of the retail network when it comes to picking up goods. According to Rimants Jugans, a spokesman for the company, Depo sellers should ask buyers for identity documents when they need to be identified.
“Possibly, in this case, the purpose of presenting an identity document was to prevent the sale of goods to a person who has no right to avoid losses. The proper execution of the transaction is beneficial to both the buyer and the seller, ”wrote R. Jugans in response to tv3.lt.
He notes that in the case of Paul’s story, the warehouse seller did not violate the law or the internal rules of the retail chain.
“In any case, the purpose of the retail network was not to collect personal data, but to comply with all mandatory legal requirements, protecting personal data and ensuring the execution of transactions that comply with the law,” added Jugans.
Don’t collect unnecessary data
The State Data Protection Inspectorate (VDAI), which heard Paul’s complaint, points out that the processing of personal data is not considered a crime in itself, but must comply with the General Data Protection Regulation (BDAR).
“First of all, personal data should only be processed if the purpose of the processing of personal data cannot reasonably be achieved by other means (ie without personal data). In this case, the controller (in this case DEPO) has the obligation to assess which personal data should be processed for a specific purpose.
In other words, the data controller must ensure that personal data that is not necessary to achieve a certain purpose is not collected and further processed, ”VDAI wrote in a response to tv3.lt.
The Inspection observes that the institution must ensure that the goods or services requested are actually received by the person who requested and paid for them.
“In this case, it should be noted that a commercial entity that enables the purchase of its goods or services from a distance must ensure that it provides the requested product or service to the person who requested it or to the person to whom the product or service is intended.”
In addition, according to the Inspection, the identity of a person cannot be established with expired documents, it is regulated by the Law of Identity Cards and Passports.
Depo does not have a person in Lithuania to comment on the public relations of the company, therefore the portal tv3.lt applied to the company’s headquarters in Latvia, requesting a comment. We hope to add a response from the company.
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