Subject: Request for Guidance: Use of Email for Transmitting (Special Category) Personal Data in Public Printing and Scanning Services
From: "Camilo Botero" <[email-masked]>
To: "info - AKI" <[email-masked]>
Date: Wed, 30 Jul 2025 14:27:56 +0300

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Dear Data Protection Inspectorate,

I am contacting you to request your authoritative guidance regarding the
use of email as a transmission channel for personal data, including
special category data, in the context of document printing and scanning
services offered by public institutions, specifically public libraries.

Context:
In many EU Member States, public libraries provide services that allow
patrons to print or scan personal documents using solutions provided by
third-party service providers. These third-party solutions commonly
operate in the following ways:

a) Printing: Users submit documents to be printed by emailing them to a
designated email address. This inbox is managed by the third party and
processed by their server, which extracts the attachments (and sometimes
the email body) and routes the content to the print queue at the library.
b) Scanning: Users scan a document at the library scanner, and the system
sends the digital version (typically a PDF) to the user’s email.

In both scenarios, personal data, including potentially special category
data under Article 9 of the GDPR, is transmitted via standard email
protocols, without additional client-side encryption or secure portal
mechanisms.

Given the sensitivity and structure of this processing operation, I would
greatly appreciate your guidance on the following specific legal and
technical questions:

1) Legality of Email as a Transmission Channel:
In your view, is the use of standard (unencrypted) email by or on behalf
of public institutions a legally appropriate and GDPR-compliant method for
transmitting personal data, including special category data, under Article
5(1)(f), Article 9, and Article 32 GDPR?

2) Minimum Safeguards:
2.1) What technical and organisational measures (TOMs) would you consider
minimally necessary in this context to meet the standard of "appropriate
security" under Article 32 GDPR? Specifically:
2.2) Is encryption (at rest and/or in transit) mandatory or strongly
recommended?
2.3) Would the use of TLS-based email transmission be considered
sufficient?
2.4) Does your authority view the absence of end-to-end encryption as a
risk that must be mitigated?

3) Legal Basis and Special Category Conditions:
Assuming special category data is involved (e.g. health, financial, or
legal documents):
3.1) What lawful basis under Article 6 and special condition under Article
9 would be appropriate for this type of public service provision?
3.2) Must explicit consent be obtained, or could another ground under
Article 9(2) be applicable?

4) Role Distribution and Responsibilities:
4.1) How should the roles and responsibilities under GDPR be assigned in
this setup?
4.2) Is the library the controller and the third-party provider the
processor, even if the email address to provide the service belongs to the
third party?
4.3) During the transmission phase—specifically from the moment the
end-user sends the document until it is received by the provider’s
server—who holds primary responsibility for ensuring compliance with data
protection obligations and safeguarding the data?
4.4) Are there specific contractual clauses or controller–processor
agreements you would expect to be in place under Article 28 GDPR?

5) DPIA Requirements:
5.1) Would this type of data flow (involving potentially sensitive
documents, use of third parties, and transmission via email) trigger a
legal obligation to carry out a Data Protection Impact Assessment under
Article 35 GDPR?
5.2) If so, what specific risks should such a DPIA assess and mitigate?

Your expert view will be instrumental in ensuring alignment with national
interpretations and enforcement expectations. I would be very grateful for
your response and for any existing guidance your authority has published
on this matter.

Best regards,

Camilo Botero

Legal Counsel

Princh A/S

m:

+45 89 88 67 66

e:
[email-masked] <mailto:[email-masked]>

a:

Bjørnholms Allé 22

8260 Viby J, Denmark

w:

princh.com