Tenants – Court Ruling (Germany, 2024)

Court Ruling
DPA LGFrankenthal4 June 2024Germany
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 tenants' photos were published without their consent by an estate agent, causing them distress. The tenants felt exposed after seeing their living spaces advertised online without their approval. This case shows the importance of obtaining consent before using someone's images, especially in sensitive situations.

What happened

The estate agent published photos of tenants' living spaces without their consent.

Who was affected

The tenants whose homes were photographed and published were affected.

What the authority found

The court found that the estate agent did not have valid consent to take and publish the photos, causing non-material damages.

Why this matters

This ruling serves as a reminder for businesses to always seek consent before using personal images. It highlights the need for clear communication and respect for privacy in marketing practices.

GDPR Articles Cited

AI-verified

Art. 6(1)(a) GDPR
Art. 7(3) GDPR
Art. 15(1) GDPR
Art. 17(1)(b) GDPR
Art. 4(11) GDPR
Art. 82(1) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 6(1)(a) GDPR
Art. 7(3) GDPR
Art. 15(1) GDPR
Art. 17(1)(b) GDPR
Art. 82(1) GDPR

Original data from scraper before AI verification against source document.

Decision AuthorityLG Frankenthal (Pfalz)
Source verified 20 March 2026
articles corrected
authority corrected
Full Legal Summary
Detailed

The data subjects are tenants in a house which an estate agent (data processor) was commissioned to sell by the owners (controllers). On 11 August 2022, pictures of the interior were taken by the data processor's employees at an appointment with the data subjects while present, inviting the employees in. These pictures were published under a sales advertisement on a real estate website and included in a printed exposé that was handed out to prospective buyers during viewing appointments. Following the publication, the data subjects were approached by persons about the pictures of their living quarters, causing them to feel exposed and observed. On 12 January 2023, the controllers were requested by the data subjects to provide information about the storage of the pictures and to submit proof of a declaration of consent to the taking of the pictures by the data subjects. The same was requested of the data processor on 13 February 2023. The data processor was also requested to pay pre-trial legal fees of €659,74 by 24 February 2023. On 03 March 2023, the processor rejected the data subjects' claims, citing the immediate deletion of the pictures that had taken place since finding out the data subjects felt uncomfortable by them. The data subjects alleged that the processor took the pictures in question without their consent. The publication and resulting "unmasking" caused the subjects non-material damages that cannot be compensated by simply deleting the pictures. Therefore, they claim the processor is obligated to provide information and pay appropriate compensation for pain and suffering. They requested that the data processor be ordered to provide information about the pictures taken as well as whether and to what extent digital and/or analog copies of pictures on which the data subjects can be recognized in the property were made and where these are stored, that the processor be forced to provide verifiable evidence of this. They also requested a copy of persona

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Tenants in DE

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

Details

Ruling Date

4 June 2024

Authority

DPA LGFrankenthal

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Tenants - Germany (2024). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: