In its decision of June 28, 2021, the data protection authority had to deal with the registration and publication of natural persons in the supplementary register for other data subjects (ERsB) for the first time.
The ERsB has been managed by the Federal Ministry for Digitization and Economic Affairs (BMDW) as the responsible body since 2018. The complainant took the view that his identity was already sufficiently ascertainable on the basis of his entry in the population register. The entry in the ERsB was therefore not necessary and was wrongly made.
The data protection authority reviewed whether there was a sufficiently determined legal basis for this state intervention. It was noted that the complainant was a data subject within the meaning of the E-GovG who, due to his commercial activity – apart from his position as a private individual – has his own identity in business life. Due to the acc. § 6 para. 1 and para. 4 E-GovG, as well as the publication explicitly stipulated in Section 16 ERegV 2009, the registration proved to be lawful. The complaint concerning the violation of the right to confidentiality and the right to erasure was rejected.
The decision is not legally binding.