Ber­lin: Annu­al report 2019; infor­ma­ti­on on the right to infor­ma­ti­on, among other things.

The Ber­lin Com­mis­sio­ner for Data Pro­tec­tion and Free­dom of Infor­ma­ti­on has given his Annu­al report for the year 2019 published. It con­ta­ins, among other things, the fol­lo­wing notes and explanations:

  • an expl­ana­ti­on of the Fine con­cept the DSK;
  • Notes on the Access right:
    • In one case, a for­mer employee was not entit­led to the dis­clo­sure of all e‑mails con­tai­ning the employee’s name, first­ly becau­se the­se e‑mails con­tai­ned the names of other per­sons and second­ly becau­se the dis­clo­sure of the e‑mails was not purely offi­ci­al cor­re­spon­dence the­re was no legi­ti­ma­te inte­rest (pri­va­te e‑mails, on the other hand, were to be han­ded over) (cf. on this also LG Colo­gne, LG Hei­del­berg and TB Hes­se);
    • The respon­si­ble per­son must Request for infor­ma­ti­on in any form even if they are not addres­sed to the intern­al­ly respon­si­ble office. Even requests for infor­ma­ti­on that are recei­ved by e‑mail and sent to the Spam fol­der land are dee­med to have been recei­ved and must be processed;
  • The Tying pro­hi­bi­ti­on for cons­ents does not app­ly abso­lut­e­ly. Howe­ver, con­sent to be cont­ac­ted by tele­pho­ne for adver­ti­sing pur­po­ses can­not be made a con­di­ti­on of con­clu­ding a con­tract for the sup­p­ly of food;
  • will be online a Regi­stra­ti­on pro­cess can­ce­ledthe per­so­nal data coll­ec­ted up to the point of ter­mi­na­ti­on must not sim­ply remain stored (ana­log­ous to the “Aban­do­ned Cart”). Two but­tons are the­r­e­fo­re recom­men­ded at each stage of the regi­stra­ti­on pro­cess, one for can­cel­la­ti­on with dele­ti­on of the data coll­ec­ted up to that point and one with sto­rage. It would also be pos­si­ble to save the ente­red data on the ser­ver side only when the regi­stra­ti­on is completed;
  • the Sto­rage of data in inac­ti­ve cus­to­mer accounts is not per­mit­ted inde­fi­ni­te­ly. The per­mis­si­ble sto­rage peri­od can only be deter­mi­ned on a case-by-case basis, taking into account, among other things, the sen­si­ti­vi­ty of the data and the pur­po­se of the account. In any case, it is not per­mis­si­ble to store sen­si­ti­ve data such as pho­tos, infor­ma­ti­on on sexu­al ori­en­ta­ti­on and pre­sence (here in the account of a dating plat­form) for six years after the last activity.

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