Bavarian privacy habits have received much more than 100 complaints against the host’s guest data in the gastronomy because of the corona crisis. The bavarian state office for privacy supervision in ansbach has received around 100 complaints according to a speaker. The data protection state officer thomas petri in muchen are also subject to further complaints in the middle double-digit area.
In the free state, the data protection is divided into two resistances in contrast to other federal stations. While petri is complying with compliance with the laws of the state, the ansbach state office for the monitoring of companies is state.
In the large part of the complaints, according to the state office, it is about the fact that in some restaurants lists for several guests were used. As a result, the guest who entries his data, seeing the information of the persons who had come before, explained alexander filip by the state office. "This is unprecedently inappropriate."
Not visible for third parties
After the bavarian hygiene concept, which has been organized since mid-may, the hosts must create a list of the names of the customers, their telephone numbers and the period of the stay. "The host list is so driving and storing that third parties can not see you", does it be in the announcement of the state government. The lists should serve to inform the contact persons when a guest has been positively tested for the coronavirus SARS-COV-2.
Data protectioners recommend that the companies for each table use their own leaf to avoid problems. If the guest instants did not lead to admissible lists, the data protectioners demand the operators in writing for changing this practice. "Due to the large number of local, however, it is not quite surprising that the handling in some of the local has apparently not always take place correctly in data protection law", said filip.
Strife for use by police
If a company is permanently violating data protection, a bub money is also possible. So a case is not known to the state office. The restaurateurs had to shred the address blatter after expiration of a month.
After becoming known that the police in bavaria have used in at least two dozen traps for investigations to crimes, the state officer petri announced to exactly examine this trap. Because the investigators do not only access the lists, not only in the most severe crimes such as murder or manslaughter, but also with less heavy offenses such as fraud or insult. "We will pursue that, so much is already", petri said.
Exceeded threshold for bagatell delicity?
He wants to find out if the police also use the lists for bagatell fatigues, which the data protection has been problematic. In an insult case, in which the lists were used, for example, a right-wing extremist background, explained petri. Anti-semitic exercises should have fallen. In such a case must have a closer look at. There is then also a relationship to an organized extremist movement, he said. In this case, the tort could override the bagatell threshold.
The data protection officer explained that fraud or theft relics normally lay in the spectrum of middle criminality. But such trap could hit up or down. With a scam, it will be a few euros or even a billion sum go. "You have to look at that, marriage says that is a bagatell counter or a criminal offense of some weight."