The European data protection basic regulation, DSGVO makes for a bizarre dispute over an area of just 5.5 times 1.3 centimeters: So large a trade in Germany is usual the door Bell. The question is: to replace: To landlord reasons, the names of the tenants privacy by apartment numbers? Better, the owner Association of home & reason says. No, to say in unison, Supervisory authorities and politics.
the trigger of the dispute is a decision of the Austrian housing company “Wiener Wohnen”, to remove the name of 220.000 doors of your property. After a complaint of a tenant, the municipal property management in Vienna, to the conclusion that the combination of surname and Door number according to European law is prohibited.
“Therefore, we must assume that this is also in Germany the consequences,” said house,&reason-President Kai Warnecke. The Federal government should end the “privacy Chaos, and make it clear that names should be called at the ringing signs and letter boxes to continue”. Finally, high fines threatened. If the landlord wanted to go for sure, it would be better to remove the name entirely from the ringing – so the message between the lines. A tenement without names, only with numbers at the entrance – as it is in Spain or Australia already often?
For the for the control of the competent data protection officer in the country you can see the different. Since the end of may, armed European data protection law to this case is applicable at all, and informed the Federal data protection Commissioner Andrea Voßhoff. Finally, the regulation objectives of automated data processing. “The Equip of bell signs with the names constitutes neither an automated nor an actual or proposed storage in file systems”, so Voßhoff. The Federal government allocated to the Ministry of the interior as the competent authority in the Federal government explicitly supported this view. There is a need for a statutory Amendment, there is stated the Ministry with unusually clear words.
Also Voßhoffs colleagues at the country level – for data and control in the private sector are responsible – see this. “We keep the basic regulation in this case is not applicable”, according to the Department of the Berlin data protection officer Maja Smoltczyk. Only exception: electronic nameplates, as they are today, in the new residential complexes built in. The guest at the front door, you must first select the name of the tenant on a screen, before he can ring the bell. This was obviously a electronic data processing, according to the DSGVO attack there, so the Berlin data protection officer.
The “high fines” don’t have to dread
Now, lawyers are known to not always agree and are all aware that many design issues are decided in connection with the regulation before the court. However, even if the DSGVO apply in the case of name signs of all kinds, from the point of view of the Supervisory authorities, for landlords no reason to anonymize nameplates across the Board. The authority of Barbara Thiel, the representative of lower Saxony, pointed out that in article 6 the “legitimate interest” of the managers, so here the landlord, is regulated.
it says, among other things, that the processing of data for the “performance of a contract” is allowed. Bell and letter-box belong to the apartment and are therefore part of the rental agreement, so that name badges are part of it. Important in the case of application of the DSGVO from the point of view of the tenant: he does not agree that his Name appears, he may notify the landlord with reference to article 21 of the regulation. In article 21 the contradiction is regulated by law.
by The owner’s Association home&reason, placed on the “high fines” for landlords, just because they attach the signs to the names of their tenants to the Ring, no one to scare. Even if a tenant should complain to the authorities to right, over, would this not directly with the cash register, but would first seek the call.
All the same, you could say so. Just as the major housing companies in the public and / or cooperative Hand. “The housing sector looks at the moment is no reason, in General, all of the nameplates from the doors Unscrew,” says Axel Gedaschko, President of the housing industry Association, the GdW. “But if there is a single tenant against the name plate, must be removed in these cases, the name tag.” The GdW represents companies that rent in Germany, around six million homes.
From a purely practical reasons, to consider the tenant before the opposition. In Germany, apartment houses, there are a variety of different constructions, ring the bell next to the letter boxes, with a ring on the outside and letter boxes on the inside, and many combinations. Against this Background, the GdW warns of Postal Chaos: Depending on the structure of a building entrance are not signs only, the name of Bell, but also to mailboxes visible to the public, says the Association. This would be replaced by numbers, and would have to make a note of the sender of the letter or parcel post, in addition to the name a number in the address field. A hardly implementable requirement.
a Lot of excitement and a little?
the police and ambulance, there are concerns that anonymous numbers, which could hinder your work considerably. You know, finally, regularly, that people in emergency situations can’t even remember their house number – apartment number would not increase the danger that the rescuers are up to the mark.
so It looks all to much excitement a little, for the owner Association of home&reason. The Federal Commissioner for data protection, Voßhoff, showed no understanding for the Statements of the President Warnecke. You rate “strongly to all associations and institutions, in such cases with a broad impact prior to the sending of information with the competent Supervisory authorities according to the law to inquire,” Voßhoff.
strong words, Thomas Kranig, President, Bavarian state office for data protection supervision took place: “I find it very problematic and also very sad that these nonsensical claims is the very good data protection regulation as a justification for something not being used, what calls you, and you will be discredited as a ‘world is foreign to European law’.” The Statements showed that it was doing here in order to panic or pursuit of media presence going, not to privacy.