requests for information on whereabouts of tenants It is not uncommon, in particular, defaulting tenants / leaseholders to shirk their responsibility by moving, so wrong its creditors or any provide information, under which the new address for them can be reached.
is also no rarity, the property managers of energy utilities and other service providers by phone or in writing, asking the whereabouts of tenants / leaseholders. be.
phones should be refused for privacy reasons, the information anyway, especially since the business practices of mis- Debt collection company is to be shown on the phone wrong.
must be verified by post from inquiring whether the request for a "right" is. The "legitimate interest" is always asserted printed form, without further notice.
However, when asked, is how long and where a person has moved, so we conclude that a sufficiently "legitimate interest", for example, energy supply contracts are regularly recurring obligation, made at the termination of neat as it should also come orderly manner.
The legal basis for the request for information is to § 28 para 1, p. 1 No. 2
Federal Data Protection Act reference:
Third Section
Data processing by private bodies and public-legal competition business
First Subdivision
legal basis for data processing
§ 27 application (1) The provisions of this section apply to the extent of personal data by using computers be processed, used or collected for or processes the data to or from non-automated files used or collected for it by first
private bodies,
second a) public bodies of the Federation, where they at as a public company Competitors,
b) public authorities of the countries where they participate as a public company in the competition, federal law and run data protection is not governed by state law.
This does not apply if the collection, processing or use the information solely for personal or family activities. In the cases of paragraph 2 shall apply in place of a letter of § 38, § § 18, 21 and 24 to 26
(2) The provisions of this section shall not apply to the processing and use of personal data outside of non-automated files, except if the information involves personal data, which is evident from automated processing have been removed.
§ 28 Data collection, processing and use for their own purposes (1) The collection, storage, modification or transfer of personal data or their use as a means of fulfilling its own business purposes is permitted
first if it serves the purposes of a contract or a similar relationship of trust with the victim,
second as far as to protect the legitimate interests of the controller is required and no reason to believe that the legitimate interest of the patient to the exclusion of the processing or use outweighs or third
when the data are generally available to the controller or post it should, except that the legitimate interest of the patient to the exclusion of the processing or use with respect to the legitimate interest of the responsible entity prevails obvious.
In the case of collection of data, the purposes for which the data should be processed or used to set concrete.
(2) For any other purpose shall be only under the conditions of paragraph 1 sentence 1 No. 2 and 3 shall be transferred or used.
(3) the transmission or used for any other purpose is allowed:
1. as far as to protect the legitimate interests of a third or second
to respond to threats to state security or public safety or to prosecute criminal offenses, or third
for purposes of advertising, marketing and opinion research if it is in lists or otherwise combined data on members of a group of people to
a) an indication of the affiliation of the stakeholders to the group of people,
b) occupation, industry - or business relationship
c) the name,
d) Title,
e) degrees,
f) the address and
g) born
limit and no reason to believe is that the person has a legitimate interest in excluding the transfer or use, or fourth
if it is necessary in the interest of a research institution for scientific research, the scientific interest in the implementation of the research interest that the person concerned in excluding the change of purpose greatly outweighs and purpose of the research on other means or can be achieved only at enormous cost.
In the case of sentence 1 No. 3 to assume that this interest exists when, as part of the purpose of a contract or a similar relationship of trust stored Data to be transmitted, which first
to offenses, second
relationship and
third apply when transferred by the employer on labor relations law
.
(4) Should the victim is the responsible entity of the use or transfer of his data for purposes of advertising or market and opinion research, use or transfer for these purposes shall be inadmissible. The person concerned must be informed at the address for the purpose of advertising or market research or opinion polls on the controller and on the right of appeal pursuant to sentence 1, if the Appealing uses personal data of the person concerned, the case of a body not known to him are saved, he must also ensure that the person can obtain knowledge about the origin of the data. Should the parties in which a third person to whom the data are transmitted in accordance with paragraph 3, the processing or use for advertising or market research or opinion polls, has to block this data for these purposes.
(5) The third party to whom the data may have been made to this process and use only for the purpose, or for which they were transferred. Processing or use for other purposes is not public bodies only if the conditions of paragraphs 2 and 3 and public bodies only if the requirements of § 14 paragraph 2 allows. The forwarding authority it has to be noted.
(6) The collection, processing and use of special types of personal data (§ 3 para 9) for its commercial purposes is permitted, unless the individual has consented in accordance with § 4 para 3, if
first necessary to protect the vital interests of the persons concerned or a third party is required unless the person is physically or legally unable is to give his consent,
second is data is that the individual has made clear publicly,
third necessary for the establishment, exercise or defense legal claim is required and no reason to believe that the legitimate interest of the patient to the exclusion of the collection, processing or use predominates or fourth
this is necessary for scientific research, the scientific interest in the implementation of the research project of interest that of the patient to the exclusion of the collection, processing and use substantially outweighs the purpose of the research on other means or can be achieved only at enormous cost.
(7) The collection of specific types of personal data (§ 3 para 9) is also permissible if it serves the purpose of health care, medical diagnosis, care or treatment or the management of health services, and the processing of the data by medical personnel or other persons who are subject to an obligation of confidentiality. The processing and using information for the purposes mentioned in Clause 1 is guided by the force of the persons mentioned in Clause 1 of confidentiality obligations. Be referred to a sentence in a use of data on the health of persons by members of another in § 203 paragraph 1 and 3 of the Criminal Code referred profession, the practice to determine, cure, or alleviation of disease or the manufacture or distribution of Aids brings, collected, processed or used, this is permitted only under the conditions under which a doctor would also be authorized to that effect.
(8) for another purpose may the specific types of personal data (§ 3 para 9) only if the requirements of paragraph 6, No. 1 to 4 or of paragraph 7 sentence 1 is transmitted or used. A transfer or use is also allowed if it is necessary to avert serious threats to state security or public safety or to prosecute major criminal offenses.
(9) organizations a political, philosophical, religious or trade and are non-profit, may raise particular kinds of personal data (§ 3 para 9), process or use, to the extent necessary for the operation of the organization. This applies only to personal data of its members or from people who talk in connection with its purposes regular contact with her. The transmission of such personal data to persons or bodies outside the organization is allowed only if the requirements of § 4 para 3. No. 2, paragraph 3 shall apply accordingly.
