Privacy of the customer: transfer of the guests names forbidden or allowed?

in the Meantime, you know everyone, the piece of paper that will be handed out in Restaurants, pubs, ice cream parlors, salons and sometimes in the swimming poo

Privacy of the customer: transfer of the guests names forbidden or allowed?

in the Meantime, you know everyone, the piece of paper that will be handed out in Restaurants, pubs, ice cream parlors, salons and sometimes in the swimming pool. You have to enter his name, his address, finally, how to be reachable by phone. Below additional fields are listed below: Who sits at the table? With whom are you traveling? These data are collected for the case, if a Corona-infection post-must be following, is the most known. But what only a few questions, is, what happens to this data otherwise.

Catherine Iskandar

editor in the Rhein-Main-Zeitung.

F. A. Z.

for example, there was the case in Hamburg. A Locally – not interior – were several people on a warm summer evening in a dispute. Later it was said that a man had threatened a passer-by with a carpet knife. The Suspect was identified and later arrested. The case was taken up by the media and not because of the act itself, but because the investigation of the case came about in a roundabout way: The police had to let the Local is simply the guest data to hand. All of them were potential witnesses.

data "can be ensured, for purposes of proof"

Since then, privacy advocates are concerned with this case. Because the question is, who is allowed to actually have access to the guest information and for what purpose. In Hesse, is said strictly regulated, as the spokeswoman of the Hessian data protection officer, Ulrike Müller,. The country-wide regulation provides that personal data collected in dining Establishments, exclusively for purpose-specific uses. That is to say, the restaurateurs are likely to enter only in case of proven infection, and then only to the competent health authorities, a chain of infection to understand. Disclosure to other authorities, is therefore excluded.

however, contrary to the law-enforcement authorities. According to the Frankfurt Prosecutor's office, for example, is it very possible, in justified cases, on so-called guest-access data. According to chief Prosecutor Nadja Niesen was less a question of data protection, but rather to the question of whether such documents "seizure-free". "According to local opinion, they are not. That means that you can quite be, for purposes of proof, so, for example, as in Hamburg, determine the names of possible witnesses, will be ensured.“ The data protection provisions do not preclude a seizure, "because the protection of personal data is also taken into account, if the documents are in the investigation files".

the data must be destroyed properly

in any case, a quite different question: how are the Restaurants, ice cream parlors, hairdressers and other businesses with the data to be handle and how much value you attach to the fact that data protection is adhered to at the end. As a data activist, Muller said, may be kept, and the details of only four weeks. Then, you would have to be destroyed in accordance with. To dispose of "simply in the trash is not enough." This means that The companies would have to let either of specialist companies to dispose of or ensure yourself that you shredded or defaced. Otherwise, it is considered to be in breach of the data protection.

another Problem is so-called open lists, which can be designed instead of a separate piece of paper, and for all of the available are are. Müller says: "This is not allowed." Several complaints were made to the Hessian data protection for this reason. The number is according to Müller, currently in the middle of the two-digit range.

Updated Date: 12 July 2020, 14:19

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