GDPR compliance of parental pension

Priority question for written answer  P-001993/2023
to the Commission
Rule 138
Eugen Jurzyca (ECR)

On 1 February 2023, Act No. 352/2022 Coll., introducing the institution of the parental pension, entered into full force. The social insurance institution paying the pension will send a decision to the pensioner stating the name of the child, the calculation basis and the amount of the parental pension for the child. In most cases, it is possible to work out the amount of the child’s income from this information. These decisions are sent by ordinary post. This information can be accessed by persons other than the child’s parents.

According to the case-law of the Court of Justice of the EU, salary is personal data and therefore the GDPR applies in this case. The mere storage of data relating to children’s income is an interference in their private lives and the communication of this data to third parties, in this case the parents, interferes with the right to respect for private life of the data subjects and constitutes an interference within the meaning of Article 8 ECHR.

• 1.Is the communication of income-related information to third parties compatible with the GDPR?
• 2.Can the supervisory authority give a (non-binding) opinion on this provision (Article 51 GDPR)?
• 3.Does EU law prevent the publication of the decisions of the supervisory authority in anonymised form?

Submitted:21.6.2023