Under Article 5 of the AVG or GDPR, it included how that personal data must be processed. Several organizations like that of the real estate agent hide under the principle of consent. The definition of “consent” means that you, the data subject, must give the consent freely, knowingly and without coercion for the processing of personal data. The consent you give is also meant specifically for the purpose for which you give the consent and your personal data may not be used for any other purpose.
Article 5 EU-AVG “Principles governing the processing of personal data.”
- Personal data must be processed in such a way that it is transparent, proper and lawful. Article 9.2.b clearly stipulates that the processing must be necessary for the performance of the obligations and exercise of specific rights of the controller or of the data subject, in accordance with appropriate safeguards for the fundamental rights and interests of the data subject.
- Personal data must be collected for legitimate purposes and then not further processed in and incompatible with those purposes.
- Each organization must also adhere to “minimum data processing” which means that the processing is adequate, relevant and limited as necessary for the purposes for which they are processed.
- Personal data must be accurate and up-to-date! Indeed, the data subject has the right to obtain rectification from the controller if the personal data processed are inaccurate.
- Processing must be done in such a way that data subjects are no longer identifiable than for the purpose for which the data were necessarily processed in the beginning.
- Appropriate security must be ensured by taking appropriate technical and organizational measures. The personal data to be processed must be protected against unauthorized or unlawful processing. The data must also be protected against accidental loss, destruction or damage. Here we are talking about the integrity and confidentiality of processing.
Article 77 EU-AVG “Right to lodge a complaint with a supervisory authority”
If a data subject does not agree with the way his or her personal data is processed, they have the right to lodge a complaint with a supervisory authority of the place where the data subject resides.
Filing a complaint with the authority;
- The complaint form must be filled out correctly,
- You cannot file an anonymous complaint. You can, however, submit a tip anonymously,
- You should first contact the organization about which your complaint is about. If this organization does not answer you correctly within the 30 days, then you can file the complaint.
- Keep a copy of your written complaint so you can always access your documents.
Do you want to file a complaint with the government?
