In the decision dated February 20, 2020, GZ: DSB-2020- 0.059.515(D124.1579), the DSB had to deal with the disclosure of a tenant’s name and telephone data by the property management company to a sub-service provider for conflict resolution.
The complainant first notified the property management by telephone of the improper behavior of a tenant. One employee
of the property management company recorded the facts and informed the complainant that it would engage a sub-service provider to resolve the conflict and that the sub-service provider would contact the complainant. The complainant then informed the employee that his contact details should not be transmitted to the subcontractor and that he did not wish to be contacted by third parties. Since the complainant was nevertheless contacted by telephone by the subcontractor the next day, the complainant considered his right to confidentiality to have been violated by the disclosure of his name and telephone data by the property management company and filed a complaint with the data protection authority.
In the course of the proceedings before the data protection authority, the property management company argued that the transfer of data to the sub-service provider by
would have been covered by the relevant provisions of state law. In fact, the relevant law provides that the property management company as well as the sub-service provider are entitled to provide each other with information or to exchange personal data of the tenants in this context for the purpose of ascertaining an issue related to ensuring peaceful coexistence and quick conflict resolution. Since the transfer of the complainant’s data from the property management company to the sub-service provider was thus covered by law, the data protection authority dismissed the complaint.
The decision is not legally binding.