Court case 3 S 50/21 – Court Ruling (Germany, 2021)

Court Ruling
DPA AGWiesbaden30 September 2021Germany
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A German court ruled that a landlord must comply with a tenant's request to access their personal data. The court found that the landlord processed the tenant's data by using their phone number for communication and involving an external company for billing. This decision highlights the importance of respecting tenants' rights to access their personal data.

What happened

A landlord refused a tenant's request to access their personal data, claiming they did not store any such data.

Who was affected

The tenant who requested access to their personal data from their landlord.

What the authority found

The court decided that the landlord did process the tenant's personal data and must comply with the access request under GDPR.

Why this matters

This case emphasizes that landlords and similar entities must recognize when they process personal data and fulfill access requests accordingly. It serves as a reminder that using external services for tasks like billing still involves data processing obligations.

GDPR Articles Cited

Art. 15 GDPR
Art. 2(2) GDPR
Art. 28 GDPR
Art. 4(8) GDPR
Decision AuthorityLG Wiesbaden
Reviewed AuthorityAG Wiesbaden (Germany)
Full Legal Summary
Detailed

Controller is a private landlord, the data subject is their tenant. During an eviction dispute, the data subject filed an access request pursuant to Article 15 GDPR. The controller, however, rejected to comply with the request because it did not store any personal data as a private landlord. Hence, in their opinion, the GDPR did not apply. The data subject was of the opinion that the controller did process data, since their mobile phone number was used for the purpose of communication. Moreover, the controller commissioned an external company to prepare the utility bill. [https://www.lareda.hessenrecht.hessen.de/bshe/document/LARE210000903 The District Court of Wiesbaden acknowledged the data subject’s claim]. It held that the data subject’s personal data was clearly processed, and that none of the exceptions of Article 2(2) GDPR applied. Hence, it concluded the landlord violated Article 15 GDPR. The landlord filed appeal against this decision. The Regional Court of Wiesbaden rejected the appeal. It stated that the controller does process personal data. It noted that the personal data from the rental agreement is processed further by the external company in preparation for the utility bill. According to the Court, at that moment, "computer-aided processing takes place", which results in the company being a processor in accordance with Article 4(8) GDPR and Article 28 GDPR. Moreover, the Court notes that the controller processed data subject's personal data because they communicated via WhatsApp. Lastly, the Court stated that it is obvious that there is no abuse of the right to access, since the data subject's access request, and decided that the controller had to comply with the access request pursuant to Article 15 GDPR.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 3 S 50/21 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

30 September 2021

Authority

DPA AGWiesbaden

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 3 S 50/21 - Germany (2021). Retrieved from cookiefines.eu

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